Judgment On The Criminal Identity Of People Who Have Dual Status

In recent years,with the rapid development of economy,different places in China have been busy in improving various laws, statute and regulations, striving to provide legal restraint for all aspects of social life. However, the development of social development invariably precedes the improvement of legal provisions,after all it is hard to avoid omissions in legal regulations.In the criminal law of our country, some criminals, when the crime is committed,have a dual identity at the same time.Systematic analysis is needed on the identification of the criminal identity, with the existence of the controversy in both theory of criminal law and juridical practice.The so-called dual status is the two kind of the behavior of people in the implementation of some kind of behavior at the same time with the provisions of the criminal law, thereby affecting the subject of the crime of conviction and sentencing of specific qualifications or personal status. In detail, it refers to the behavior of people in the implementation of the need to have some kind of identity in order to set up a crime, it has two kinds of crimes or not, as well as the severity of the punishment of the specific qualifications or personal status.The status of crime refers to the social status and legal status of the perpetrator in the implementation of criminal acts.To people with dual identity,criminal identity is defined as a real role in the implementation of criminal acts,or we can say it is able to promote the establishment of a crime or affect the severity of the penalty.Dual identity has the following characteristics:the criminal law stipulation of dual identity,the coincidence between the dual status of crime and non crime and the influence of the conviction and sentencing of the crime of dual identity.The identification of the crime of dual identity has the necessity of reality,the identification of the crime is the actual need to punish the crime,the objective requirements of procedural justice and the proper moral of substantive justice.The identification standards of dual identity crime are not unified,the theoretical realm and practical circle have different understandings,there are probably statements about national staff identity,specific analysis of specific issues,degree of identity function and so on.But there were defects in all statements.Identification of the crime status of dual identity should be based on "the activity content of behavior".In the specific identification of the dual identity of the crime, the principle of "the fact of doubt for the defendant" ought to be held,with the behavior of people suspected of criminal acts as well as two aspects of the content and nature of the activity in which the doer acts focused on.