On The Legal Responsibility Of Non-state Organs In The Abuse Of Power And Joint Crimes

At present,there is no definitely stipulation about the problem of status criminals and joint crime in the criminal law of the People's Republic of china.The question has been discussed by theorists experts but failure to reach an agreement.So there is great controversy in practice field about what kind of legal obligation should they bear and how to bear for non state organ staff and state organ staff when crime of abuse of authority is implemented at the same time.A further study for it will has great significance to correct application of law for non state organ staff and promote the punishment and prevention of such cases.Non state organ staff Mr.Li cooperates with state organ staff Mr.Sun,and utilize the authority convenience of state organ staff Mr.Sui with fake filling materials to arbitrage state grant funds.The conclusion of different opinions havegreat differences for whether behavior of Mr.Li and Mr.Sun is a joint crime,and how to conviction sentencing.Abuse of power crime includes crime of abuse of authority and crime of abuse of authority stipulated in chapter nine of other related criminal law.This kind of crime is a kind of identity crime,the principal part should be state organ staff and state organ staff to be.Non state organ staff is excluded from the above two types of personnel,they can combine with abuse of power crime by joint crime.Non state organ staff can't be a perpetrator in joint crime of abuse of authority and they also can't to organize crime of abuse of authority,but they can be abettor and accessory.Non state organ staff's criminal pattern in joint crime of abuse of authority with the characteristics of miscibility of crime subject,and dependent of state organ staff's crime behavior,and the selective of charges.The liability problem of legal liability in joint crime of abuse of authority for non state organ staff,including how to charge and how to judge.It ought to in line with subjective,and objective consistent principle,and the principle of the balance between crime,and punishment and equality principle of criminal law to deal with the liability problem of legal liability in joint crime of abuse of authority for non state organ staff.It is convicted on abuse of power when can't distinguish between prime culprit and accomplice,or both are prime culprits.It should be identified as principal criminal if they play a leading role in ideas of abuse of power crime for state organ staff by solicitation actions which are based on identity,status and method.It need to take accusation,the identity of each actor,subjective evil character and behavior characteristics into consideration when sentencing,so as to make accurate.Mr.Li who non state organ staff,his behavior accord with criminal pattern of crime of abuse of authority,because the great effect of Mr.Li's instigate against,lead to Mr.Sun who state staff to use his authority to crime,so they are all principal criminal,both of them should be convict and sentence by the crime of abuse of power.For the defects of the current legal system,It also puts forward that it is necessary to make clear stipulation for identity and accomplice problem,to make it detailing in judicial interpretation,and to make higher requirement in law applicable aspects of judicial judge.