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Research On The Accomplice Of Identity Offender

Posted on:2020-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z T ChengFull Text:PDF
GTID:2416330575975866Subject:Law
Abstract/Summary:PDF Full Text Request
In criminal law,some subjects of crime are composed of special subjects,which are theoretically called identity crimes.In the theory of criminal law,it is of great theoretical and practical significance to study the conviction or sentencing of identity offenders.As for the issue of identity in criminal law,the most studied and controversial issue is a series of disputes caused by the participation of persons with special status in joint crime.Therefore,this paper attempts to explore the related issues of joint crime and identity.This paper is divided into four parts to discuss the problem of identity accomplice:The first part firstly points out the basic problems of identity accomplice.In order to solve the difficult problems of identity accomplice,we must first understand what is identity.This paper mainly discusses the criminal law issues,so we should endow identity with the meaning of criminal law,focusing on the concept of identity and identity of criminal law.As for the relationship between identity and accomplice,this paper first introduces the characteristics of identity accomplice,compares identity accomplice with general accomplice,and then draws its own conclusions.The second part is to study the problems existing in the accomplice of identity crime.Among them,abettor and identity are important parts of accomplice and identity.Studying the joint crime of identity offender and abettor can make the offender be punished,thus playing an important role in criminal law theory and judicial practice.Similarly,there are many complex situations in the relationship between identity offenders and helpers.On the issue of joint principal offenders.It is controversial that,in joint crime,first of all,whether the persons with status and those without status can commit joint crimes is controversial.Therefore,we should discuss all kinds of opinions,then evaluate all kinds of opinions,and finally get the correct value judgment.After identifying the identity and non-identity of joint illegal acts in some cases,this paper discusses how to convict and sentence identity crimes committed with or without special status.The third part introduces the basic theory of identity accomplice and the influence of identity on behavior,and studies the problem of identity accomplice.The main research includes two aspects: one is the influence of identity on criminal behavior,the other is theinfluence of accomplice on behavior.The combination of identity and accomplice theory has become an accomplice of identity crime,so the basic theory of accomplice and the influence of identity are studied in order to better solve the problem of identity accomplice.The fourth part is to sort out many theories through learning,and express their views on the problems and similar situations.For example,qualitative analysis is made on the joint criminal acts of those who have status to instigate and help those who have no status to make use of those who have status.Moreover,it puts forward legislative suggestions on joint crime of status offenders,and according to the current status of status offenders in China,it analyses the current problems of status offenders.From the point of view of the problem,combined with self-study legal knowledge,this paper puts forward some suggestions and development paths for the legislation of identity crime in China.The author hopes that the discussion in this paper can bring some enlightenment to the legislation of identity crime in China.
Keywords/Search Tags:Identity, Identity Offender, Joint Crime
PDF Full Text Request
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