Research On Joint Crimes Of Identity Offenders

The academic community has never stopped the discussion on the common crime of identity crimes,but there has been a lack of systematic and in-depth research.The general provisions of China's "Criminal Law" also did not directly stipulate the issue,but it is only reflected in the third paragraph of Article 382 of the sub-rule.In addition to the provisions of the Criminal Law,the Supreme People's Court's Article 3 of the “Interpretation on Several Issues Concerning How Corroboration of Corruption and Occupying Occupied Cases Determined Joint Crimes”and Article 2 of Article 3 of the Summary of the Working Session of National Courts on the Trial of Economic Crimes The specific offences of the joint crimes of the mixed entities have been specified.Due to the lack of systematic regulations,the practice community has also failed to deal with the relevant issues.The phenomenon of different judgments in the same case has often occurred.At present,there are two situations in which a mixed entity commits a common identity crime.The first is that a person with identity and an identityless person use the identity or position of an identity person to facilitate the implementation of a pure identity crime;secondly,the mixed identity uses both parties' Identity or position facilitate the implementation of pure identity crime.There are many doctrines in the academic world for these two types of identity crimes.The various doctrines are not only controversial on the basis of the conviction,but also are the same in terms of whether the two parties of the mixed entity can constitute common positive offenders.This paper mainly studies the following contents: to explore whether non-identity can constitute a common positive offense of identity crimes;to enumerate the related theory of the identity of a common criminal committing a common crime,and to analyze the pros and cons to reach a corresponding conclusion;Different crime forms and conviction and sentencing issues for committing common crimes;discuss issues of accomplices and negative identity crimes.The point of this paper is that,first of all,the common positive offense of non-identityand status identities that can constitute pure identity crimes should not be fully affirmed or completely negated,and the compromise point of view is more reasonable,that is,according to whether the non-identity person can implement the compliance Part or all of the constitutional elements of an identity commit the act to determine whether it constitutes a common positive crime of identity crime;Secondly,it is very far-fetched to attempt to resolve the common crime of all types of pure identity criminals through one kind of doctrine.All have their advantages and disadvantages and scope of application,according to different types of crimes to apply different theories to achieve a reasonable conviction and sentenced to the purpose.Therefore,on the basis of analyzing and comparing the advantages and disadvantages of various doctrines,this paper proposes the doctrine of preferential application of joint crimes by identity criminals in different situations.This article will elaborate on the effects of several typical negative and negative identities that may affect conviction,sentencing,and punishment,as well as the impact of negative identities on criminal convictions and sentencing.The illegal identities that impede illegality described in this article mainly include: the status of obtaining medical qualifications for illegal medical practice and the identity of the police or investigators in police traps;the negative identities that hinder responsibilities mainly include: harbouring harborage and committing perjury as a crime The person's identity,as well as the natural status of minors and mental patients;responsibility for impeding penalties mainly includes:the identity of the relatives of the victim as the crime of theft and the identity of the offender's own relative in the crime of harbouring protection.