The Research Of Unilateralcorrespondence Crime's Possibility Of Punishment

Unilateralcorrespondence crime as a special type of correspondence crime,is different from the other both sides commit crime.Its specialty lies that the one side commits crime while the other side do not commit crime according to the criminal law.Although the other side does not commit crime in criminal law,the judicial practice usually calls the impunity party as accomplice to punish.The dissonance was related to conflict between legislation and judicature has caused controversial issues.Thisarticle attempts to study the problemsof the unilateral correspondence crime in order to benefit the academic theory and the judicial practice.In addition to reference,this articleis divided into four parts,about forty thousand words.Thefirst chapter discusses the basic theory of the unilateral correspondence crime,mainly analyzes the theoretical controversy of superior concept of the unilateral correspondence crime.The correspondence crime is an exotic product from Germany and Japan,which does not entirely fit China criminal,causing the conflict between the concept of essential accomplice and the system of joint crimes in China.So this article urges the concept of the accomplice in the broadest sense and the general correspondence crime.The unilateral correspondence crime emphasizes just one side commits crime while the other side does not commit crime according to the criminal law.The second chapter discusses the possibility of punishmentof the impunity party in criminal law,which has positive and negative points.This article agrees the positive point that the impunity party of the unilateral correspondence crime takes on the possibility of punishment.The reason why the impunity party was punished is that the impunity party could apply to the general provision of criminal law about the accomplice,as the instigator or helper of the penalty party.Aftermainly introducing and deliberating the thought of legislators,essence,compromise and object infringement,this article agrees the point of compromise.The third chapter discusses the theory basis and standards.Firstly,the participative behaviors of the impunity party own legal interest infringement,which accord with not only the requirement of criminal polices for crime prevention,but also the explanation of principle of a legally prescribed punishment for a special crime.Secondly,judging the possibility of punishmentof the impunity party would be considered from stubborn instigation,active help and criminal sense.Finally,the punishment scope of the impunity party should be limited.And the article illustrates several exceptions of impunity.The fourth chapter applies the theories of the possibility of punishmentof the impunity party to judicial practice.Firstly,selling forged degree certificates could not be considered as the accomplice in principle.Secondly,the behaviors of merely accepting and using public funds could not be considered as crime,which should be judged according to the rule of the accomplice.Finally,the behaviors of simply buying and usingsub-standard medical treatment should be considered as normal.