A Study Of Accomplice And Identity In Ancient China

Joint crime is a key point and difficulty in criminal law for any country,and it is also one of the traditional problems that criminal law scholars all over the world are most keen to study."The most complex theory of criminal law theory is joint crime,"said Trainen,an authoritative jurist in the former Soviet Union."As early as ancient China,the system of common crime was highly valued by the rulers at that time.The record of the crime of joint crime can also be traced back to the Qin Dynasty,although it was only a brief description of some specific crimes,but this is also the beginning of the crime has become an important concept in the history of criminal law.After several dynasties,and with the continuous improvement of ancient laws,the provisions of common crime are more and more detailed.In the field of common crime,the academic circles have carried out multi-angle analysis of this problem from many research sources,and the theoretical point of view is more comprehensive.However,there is little involvement in the field of ancient accomplices and identity systems.The close relationship between identity and criminal law has been reflected in the culture of the ancient society,the ancient chinese respect for the family standard,the hierarchy of superiority and low-level management is also very strict,and the identity level is reflected in the common crime,that is,the identity and the identityless will be different punishments because of the different identity.Even if they play the same role as accomplices,they will produce different results depending on their identity.After studying the ancient laws of our country,it can be found that the ancient accomplices and identity system have mainly experienced four periods of germination,formation,development and maturity.The most common identity accomplice in ancient times was a family identity accomplice.In ancient society,there was usually a family living together,there would be a most respected male to serve as a parent,the ancient punishment of family identity accomplices mainly to "stop sitting and honoring" as the principle.In addition,there are two common types of slave identity accomplices and official identity accomplices.Compared with family identity accomplices,the relevant provisions of the main slave identity accomplices are less affected by the identity relationship,generally according to the specific situation of the distinction between the first conviction and punishment.The official identity accomplice is mainly divided into two types of official-civilian accomplices and official-person accomplices,the official-civilian accomplices generally take the principal officer as the first offender,and the common crime between officials at all levels will distinguish between the first re-conviction punishment according to different circumstances,and crack down on collusion between officials at all levels.By studying how several types of accomplices with different identities were convicted and sentenced in the ancient criminal law,we can gain insight into the relevant systems of ancient accomplices and identities.Based on the wisdom and experience of ancient criminal law practice,it refines the meaning of criminal law that is suitable for the contemporary society under the rule of law.It can not only better improve the current legal system,but also open up new research approaches for the study of joint crimes in criminal law.