The Research On Unilateral Correspondence Crime

In our country,there is such a phenomenon in the specific provisions of the criminal law that in the behavior which has symmetrical relationship,only one party of the behavior shall be punished is explicitly stipulated,while the other party adopts the “silent” attitude.As a consequence,the theory of symmetrical crime in the criminal law,which only punishes one party of the behavior and tolerate the other party,is called unilateral symmetrical crime.Firstly,unilateral symmetrical crime is a special type of the symmetrical crime,two parties that have the symmetrical relationship conduct the symmetrical behavior stipulated by law through mutual cooperation.However,due to the fact that the legislation only punishes one party,it is imperative to study whether the other party should be punished as well as the basis and scope of punishment.Secondly,although the other party in the symmetrical behavior has not been convicted,the unpunished party is often regarded as the accomplice of the punished party in the judicial practice.Apparently,the unilateral symmetrical crime is facing the incompatibility between legislative and judicial status,which has caused the controversy of the majority of scholars.This paper attempts to study the above controversies from the perspective of unilateral symmetrical crime,in order to have a deeper understanding towards this area.This article is divided into three parts:The first part discusses the relevant concepts of the unilateral symmetrical crime.Firstly,for the concept of the unilateral symmetrical crime,this paper first defines the concepts of "unilateral" and "symmetrical behavior",and then introduces its classification,so as to be helpful in dealing with practical problems.Secondly,this part briefly explains the significance of studying the unilateral symmetrical crime.The second part first elaborates the core problem of the unilateral symmetrical crime,that is,whether the unpunished party can be punished as an accomplice(aider and abettor)of the punished party in accordance with the provisions listed in the general provisions of the criminal law.This part mainly introduces several academic views,which includes theory of legislator meaning,essence theory,compromisetheory,and punishable regulation purpose theory.Through comparing and analyzing the above theories,I agree with the view of the theory of legislator meaning.Secondly,after discussing from different angles,this part comes to a conclusion that the unpunished party shall not be punished as an accomplice of the punished party on the basis of general provisions of our criminal law.Last,this part briefly lists the relevant crimes of the unilateral symmetrical crime in the specific provisions of our criminal law.The third part utilizes theory to solve related problems of the unilateral symmetrical crime in China 's judicial practice mainly through choosing 3 most symbolic relevant crimes: 1.The perpetrator participated in embezzling public money.Through evaluating and analyzing the Article 8 of the Interpretations on the Specific Application of Law in the Trial of Embezzling Public Money Cases,this paper views the interpretation is reasonable.2.The act of purchasing resident identity cards.Conducting concrete analysis on purchasing resident identity cards by comparing purchasing authentic cards and buying false cards.3.Buying and selling forged seals of public institutions.This paper advocates that since the promulgation of Criminal Law Amendment(9),when the forgery part is convicted,the selling party can not be punished as the unpunished party of unilateral symmetrical crime,and the buying party must have instigated or aided behavior before it can be punished.Gles,the author believes that the party who is not punished cannot be punished as an accomplice of the punished party according to the provisions of the general provisions of criminal law.Finally,a brief list of the specific provisions of China 's criminal law in the face of the relevant crimes to commit.The third part uses the theory to solve the related problems of the facing criminal in our country 's judicial practice,The author chooses three most symbolic crimes related to the crime of embezzlement of public funds: 1.The perpetrator participates in the behavior of embezzlement of public funds,through the analysis of Article 8 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Cases of Embezzlement of Public Funds,the author believes that the interpretation is reasonable;2.That act of purchase resident identity card,specifically analyzing the act of buy and selling resident identity cards by purchasing genuine certificates andpurchase false certificates;3.Buying and selling forged seals of public institutions,this paper argues that under the promulgation of the "Criminal Law Amendment(9)",the forgery party is convicted,the seller can not be punished,and the buyer must have instigated or aided behavior before he can be punished.