Criminal Complicity By Different Identities

China’s criminal law does not provide for explicit provisions on the criminal complicity by different identities.Judicial interpretation is widely criticized,and academic research on the criminal complicity by different identities is not sufficient.Therefore,the issue of the criminal complicity by different identities is of further research significance.This article first sorts out the concept,the form of complicity,and the significance of the identification of the criminal complicity by different identities,which lays a theoretical premise for the research on the problem of the criminal complicity by different identities.The criminal complicity by different identities refers to the joint crimes of people with different status,which is a type of illegal behavior.The significance of the determination is to solve the judging problem of the conformity of illegal behavior types.Secondly,it reflects and draws on our traditional solution ideas.There is a mixture of identification and conviction on the general solution to the nature of joint crimes in China’s academia,and it is not possible to deal well with the problem of the criminal complicity by different identities.The treatment of the criminal complicity by different identities should follow the logical order of identification,conviction,and final sentencing.Finally,the identification,conviction and sentencing of competing identity crimes were discussed in depth.The determination of the criminal complicity by different identities should focus on the illegal behavior types,center on the principal offenders,and take causality as the core.The principal offenders of a particular identity offense can only be the corresponding identity,and if those who do not take advantage of the position of convenience or other identities have cause and effect on the outcome of the principal offense,then he or she is sure to establish the accomplice of the offender with a specific status.The conviction of the criminal complicity by different identities should first determine the conformity of the illegal behavior types of each actor according to the determination of the criminal complicity by different identities,and thenseparately determine the illegality and responsibility of each actor.At the same time,the conviction of the criminal complicity by different identities should pay attention to the principle of several crimes with imagination: in the case of unreal identity crime competition,if the person who does not use the job convenience also commits other non-identity crimes,and then those who make use of job convenience or not have established several crimes with imagination of identity crimes and non-identity crimes.In the real criminal complicity by different identities,people with different identities each use their position to facilitate crimes together,and people with different identities have established several crimes with imagination between corresponding identity offenders and other identity offenders.After determining the crime constituted by each participant,the principle of punishment should be determined in accordance with the role of each participant in the criminal complicity by different identities.The conclusion of this article is that the treatment of the criminal complicity by different identities should always consider their class.Only in this way can the issue of the criminal complicity by different identities be properly dealt with.