Conviction And Punishment Of The Crime Of Common Identity

The status is the appearance of social position and relationship,including the natural and social attribute of the theme. The status crimealmost exists in every chapter of the specific provision of the criminallaw in our country, which includes standard status crime and nonstandardstatus crime. There is almost no argue in theory and practice in termsof the cognizance of the single status crime. However, it is differentfrom the status joint offence, because someone taking the criminal actionpossibly has the special status and others don’t have the special status,or the criminals have different kinds of the status, which make theconviction and sentence very difficult. There is no guiding regulationsabout the status joint offence in the general provision of the criminallaw in our country, and the regulations about the status joint offenceare scattered in the clause of the specific provision of the criminal lawand judicial interpretation, which makes the difficulty in judicialpractice.According to different kinds of criminals, I will give the examplesand make the investigation through the research about status and jointoffence, and integrates the experiences of legislation and theory at homeand abroad to analyze the rationality of some theories, and then make theconclusion. In the article, there is four parts. The first part is thesummary of the status and joint offence, and the second part is about theconviction and sentence of the status accomplice, and the third part isabout the sentence of the status accomplice,and the forth part is aboutthe problems now existing in the criminal law of our country and makessome reasonable suggestions. I emphatically make the research about theconviction and sentence of the status accomplice, because they are thefocal and difficult points, if we solve this kind of problems, it willbe easy to solve the problems in the judicial practice about the statusjoint offence.