The Definition Of The Crime Participation Behavior Of The Non-status Criminal

Status crime is based on whether the actor has a particular identity of crime classification results.Status crime is common in current criminal law in our country,through the chapters of specific provisions of criminal law,but not our country criminal law the general status and status with the provisions of the joint crime problem to illustrate China's current criminal law theory is in order to solve the problem of accomplice and status in short supply and demand theory,the relative lag of will directly affect the criminal legislation and judicial practice,especially in the solution without status and status is joint crime problem,how to both qualitative is controversial.This paper is based on the theoretical and practical needs to do.This article uses the method such as comparative analysis,case study,on the basis of summarizing the original academic viewpoint,has carried on the detailed research to the key difficult question,has proposed own viewpoint.The full text about 30,000 words,divided into three parts to discuss.The first part,from the basic theory of criminal law the paper expounds the relationship between status crime and joint crime,based on the basic theory of status crime,the relationship between status and joint crime,domestic legislation present situation,points out the existing problems in our country criminal law legislation,and shall,in the criminal law theory in our country,part of the joint crime and joint the dependency theory is introduced to solve without status crime involved in the case.It lays a solid theoretical foundation for the later research and determines the research direction of this paper.The second part is to solve the problem of non-status people participating in pure status crime.From the three aspects of whether the stateless person can become the joint principal offender of the stateless person,whether the stateless person can become the abettor or the helper,and how to determine the nature of the pure status crime when the stateless person is abetted or assisted by the stateless person,this paper analyzes the domestic and foreign legislation regulations and the theory of criminal law,and puts forward its own views.As for the above aspects,the author believes that the first question should be analyzed based on the behavior of the perpetrator of the crime.For the perpetrator,whether he has a status or not,the co-principal offender can be established within the scope of some crimes.As for the second question,the author believes that according to the general principles of criminal law and the accessory principle of accomplice,the person without status can certainly become the abettor and helper of the person with status.For the third question,we should treat it differently according to different situations.After excluding part of crimes committed by hand and crimes constituted by natural status,when the person without status knows,the person with status and the person without status should be treated as the joint principal offender of pure status crime.When the person without status does not know,the person without status is not guilty,the person with status is indirect principal offender.The third part is to solve the problem of non-status people participating in the crime of non-status.Because of legislative technology,to the extent of not pure status crime in our country and the accomplice also failed to agree on the conviction of processing,so the author thinks that in order to more than elements of "subject" to not pure status crime scope,and analyzes how to qualitative,suggested on the basis of the local legal resources,draw lessons from the legislation of the civil law countries,especially Germany and Japan,to perfect our country's law.