Research On Identity Issues In Joint Crime

For a long time, we have been the problem of joint crime of identity as a joint crime of a very important problem. The criminal law theory of our country discuss the problem later, criminal and made no clear rules, we can only in the specific provisions of criminal law and judicial interpretation of capture the clues. Domestic criminal law scholars view differences, resulting in complicated problems in practice, therefore, explore the question of identity in a joint crime for the perfection of criminal law in China, the practice of processing of all kinds of common crime is of great significance. Based on the definition of identity and status crime in criminal law, etc. Through the civil law countries, regions, and our country criminal law educational world is analyzed by the related theory, put forward their views. At the same time simply describe the cognizance of the concept of joint crime and its conditions, to research the status crime in joint crime, explore its relationship with separate made of status crime. Through the elaboration of status crime and joint crime leads to the identity of the principal to qualitative impact of accomplice. For example, no special status to determine whether or not people can become a real identity crime of joint crime; Do you have any special no special identity and status of people together to implement real status crime qualitative problems; No special identity abet or help of people with special identity crime; Have a special identity abet or help no special identity crime. Based on theory of domestic and foreign criminal law, the case analysis in this paper, the four above, and put forward their views and opinions. The author respectively from the civil law countries, the differences between the regions and the domestic criminal law theory and judicial practice, to look forward to the solution of the problems are more complete.