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On the Different Status in Joint Crime

Author: LiJingJing
Tutor: LiuXiangLian
School: Southwest University of Political Science
Course: Legal
Keywords: Status offense by standard status offense by nontypical status Accomplice perpetrator
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract


Though the accomplice and the problem of identification are narrow aspect which belongs to system of criminal law, the problem arouses lots of arguments. The status crime means the handelnde have some special status in system of criminal law, and put into the practice of provisions of law. That is crime of the branch of system of criminal law.The penal legislation in our country, the status crime divides into two parts, one is offense by standard status, and the other is offense by nontypical status. Offense by standard status means the one who have some status in main crime, and offense by nontypical status means there is no strict of the criminal main part ,but some one who have status must be punished strictly or slightly.In the situation of the one are the accomplice and the status crime, especially somebody have status and someone have none, when they commit a crime, how to measurement of penalty between them is worth discussing. Our criminal law does not express provision clearly. Every savant have his propositions, so it is obscure to the confirm different persons who have different status crime together.The article selects a case from the angle of juridical practice, the state functionary Yu and nongovernmental employee Fei were charge with bribery together, the focus is the two people Yu and Fei could be constitute crime together or not, could be executor or not.The author analyses some specific case, combines some representative opinions of the system of criminal law in our country and aboard.The first point is that Fei and Yu didn’t belong to joint offence. the crime of bribes is special for status, and the status of Fei was not exist, so it was not crime of bribes. The second point is that Fei and Yu belong to joint offence, but Fei was a instigator or a accessory. Some of scholars insist on special status of person could commit a crime. The third point is that Fei and Yu were joint offence, and both of them were perpetrator of crime of bribes. The author compare the joint offence and the theory of status crime, and there is a conclusion about how to affirm joint offence in different status of people.The author develops the problem of joint offence in different status of people in this article. The first discussion is identifying summary and accomplice theory. Through the conception of status theory, status classification and definition of status crime,we can know the differences between accomplice and perpetrator,we also get theory foundation from different status of people. The second discussion is how to criminate standard status crime with different status,which including the different reviews and comments.The last, the author get the conclusion from matter of fact in this case.Yu and Fei could be perpetrator with crime of accepting bribes.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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