On Status Crime And Joint Crime

As one of antisocial behaviors of people, crime is not only a social phenomenon but also a legal one. The act consists of the legal contents about the nature of violating penal law and the social contents about serious social harmfulness and the nature of criminal punishment. In the various criminal phenomena, for some crimes, besides two basic conditions commanded by general criminal legislation, which are natural person and criminal capacity, the special status of the criminal subjects as the main element affects and even determines whether or not the criminal responsibility of the actors exists and its size. The relationship between identity and criminal responsibility of the actors determines its role in specific constitution of a crime. Particularly in joint crime, identity extremely affects the character of joint crime and criminal responsibility of accomplices. Therefore status crime is an issue that can never be neglected in modern penal theory. This article is divided into three parts.In the first part, the author discussed the identity and status crime. Firstly, introduced by the reform of criminal legislation, the concept as a starting point and the characteristic and classification as an outline, this part of the article analyzes the concept of the identity and status crime in criminal law, in addition to the essence of status crime. The purpose and mission of criminal law is to protect legal interests. On the contrary, the essence of crime is to threaten or damage them. According to the article, the essence of status crime lies in the threats and damages caused by the specific subject against the particular legal interest protected by the criminal law. This can be understood from two aspects: the first one is the particularity of the subject. In status crime, the subject is not a simple natural person who has the criminal responsibility, but the one who has a specific penal obligation. The second one is the particularity of the legal interests which is threatened or damaged. It must be...