Research On Identity Accomplices In Crimes Of Abuse Of Power

In the field of malfeasance crime,with status and without status personnel division of labor,each with their respective convenience the behavior of committing a crime in recent years,a rising tide lifts all boats,but because of criminal law and judicial interpretation has not yet on the issue "final",lead to different practice appears unavoidably conviction and sentencing imbalance phenomenon,serious damage to the judicial credibility.Taking the problem of identity accomplice in the crime of abuse of power as the object of study,this paper tries to sort out the focus of dispute in theory and practice,and analyzes it with the knowledge of criminal law doctrine,so as to provide reference for judicial practice.In addition to the introduction and conclusion,this paper is divided into four chapters:Chapter one "Case import".This part based on the work unit to handle cases of abuse of power,and connecting with the net in the written judgment from China selected three typical cases,a brief introduction to the current multiple of the crime of abuse of joint crime in the judicial practice of typical forms,lists the different processing,which lead to the case of disputes,preliminary on this position.Chapter two "The nature of joint crime".This section from the distinction between crime and accomplice of standpoint,to the civil law of punishment law on joint crime three theory that the nature of common crime,said part of the joint crime with the behavior is introduced and analyzed,on the basis of taking behavior common says,and introduce Japanese "complicity co-perpetrators theory" in criminal jurisprudence,think in the crime of abuse of power,no identity with the identity is to constitute a crime,not only need common behavior,at the same time must exist mutual relationship.Chapter three "the treatment of the joint crime between the stateless person and the stateful person".In this part,the essence of identity crime,as well as the accomplice and identity of the basic principles of the discussion,in order to connect the above.In recent years,the civil law system holds that the pure identity crime is a kind of obligatory crime,but this view cannot be directly applied to the judicial practice of our country.In order to constitute the crime of abuse of power,the non-identity personnel must meet the basic attribute of joint crime,that is,they jointly carry out the behavior conforming to the constitutive requirements with the identity personnel;meanwhile,the official behavior of the identity personnel must infringe the exclusive legal interests of the pure identity;otherwise,they should be convicted and punished separately.Chapter 4 "Case Settlement".This part reanalyzes the cases listed in the first chapter on the basis of the previous part.The author holds that the co-principal of the crime of abuse of power can be constituted by the collusion of those without status,the joint swindling of special funds by those without status and those with status does not constitute the crime of fraud,and the indulgence of those with status does not constitute the crime of abuse of power.