Study On Accomplices And Status

The study on accomplices and status has significant meaning in theory andpractice as well. However, the research on such problem is far from satisfaction. Inlaws, there are no provisions for accomplices and status in the Criminal Law. Thejudicial interpretation of the problem is either not that reasonable. In the academiccircle, the study on accomplices and status is not thorough and systematic. In practicecircle, the practices are very inconsistent. Therefore, the study on accomplices andstatus bears significant meaning on terms of legislation, interpretation as well aspractice.The dissertation utilizes the method of comparison, history examination, conceptanalysis, and cases study. First, the comparison of theory on status crime betweenGermany, Japan, Taiwan and China Mainland lays a foundation of concept for thediscussion of accomplice and status crime by examining the concept, nature andclassification of status crime in the areas outside China Mainland as mentioned above.Second, the difficulties and doubts in respect to accomplices and status crimes arethoroughly discussed by concept analysis and cases study. On the nature of typicalstatus crime as accomplices conducted by the criminal with status and the criminalwithout status, the dissertation maintains the theory of perpetrator determinationwhile incorporating the principle of balance of legal interests. As follows, thedissertation analyzes the typical status crime conducted by the criminal with statussolicited or aided by the criminal without status by the comparison study of Japaneserelevant theories. As regard to the issue of whether the criminal without status canbecome the coprincipal in the typical status crime, the dissertation answers thisquestion by introducing German theory concerning domination by criminal facts. Asto the issue of conduct of typical status crime by the criminal with status withoutcapacity for duties who is made use of the criminal without status, the dissertationmaintains that the standard of judgement of status of capacity and status of duty onthe basis of the concept of self offense. As to the issue of conduct of typical statuscrime conducted by the criminal without status solicited or aided by the criminal withstatus, the dissertation maintains that the criminal with status shall be indirectprincipal while the criminal without status shall be accessory. Last, by distinguishingthe concepts between offense by nontypical status and the offense by passive status,the dissertation fully discusses the difficult issues with respect to the accomplices andstatus with the studies of cases on accomplices, offense by nontypical status andpassive status.The conclusion of this dissertation is that the theory of subordinateness ofaccomplices should be maintained in theory of accomplices;that the difference inrespect to the concept of status crime between Germany and Japan should be paidattention to and based on the reality of China;that the problems with respect toaccomplices and status shall be resolved properly if on the principles mentionedabove.