Identity To Commit A Common Crime Research

Most of the crimes can be convicted by the common subjects with the exception for some crimes can only be convicted by the subjects with special status ,or the actor who has special status receiving the penalty .These are status crimes theatrically .Status crimes can be divided into standard status crimes and nonstandard status crimes which is accepted by the home and abroad without arguments. But on the issue of some detailed resolution (such as the definition and the joint conspiracy) to the status crimes, there are extensive disagreements .The author will discussed the joint conspiracy of the status crimes on the point of the legal basis of the status crimes.The treatise is composed of five parts:In the first, the author introduced the definition, feature and kinds. The status crime is the one whose component element is the person with special status, or the special status effect the discretion of the penalty. According to the status' effects on the effects, the status is divided into the stand status crime and nonstandard status crime.Second, it is related on the nature of status crime. In the first, the author gives some comments on the theories home and abroad. Then, the author analyze the connotation of the conception of the social harm in our criminal law ,and convinces that social danger is the combination of evil intention and objective impair. At last, it is concluded on the legal basis that the ones without status can't convict standard status crime ,for they would not act to offend the unique legal interests .That is to say, the status effects the exists of the impair; the one who with the status or not have the same impair on the same legal interests whist the different penalties are put on them is because the special status have the different evil intentions, further the extension of social harm ,which is stipulated by the criminal law.The key is put in the third part which concentrated on the joint conspiracy of stand status crime. The one without status can convict the joint conspiracy together with the one with the status. But there are lots of doctrines on conviction about the joint conspiracy. The author convinces that the conviction is up to the nature of acts according to the theory of the joint conspiracy.In the fourth part, the author discussed the discretion of the penalty. The status of nonstandard status crime doesn't effect the objective impair but for the subjective obligation of one's own. According to the general principle of individual obligations, status crime's discretion can only effect the one with the status but not the one without the status. On the condition of the joint conspiracy by the two persons, the one with the status should be convicted of nonstandard status crime, while the one without the status should be convicted of general crimes.There are some legislative suggestions in the fifth part. For we haven't the statutes on the joint conspiracy of status crime in criminal law, so that the complexity and difficulty in the theory and practice. Therefore, it is necessary to consummate the legislation on the issue by refer to the successful experience abroad.