The Discussion On The State Offense

Although the concept of State offense have often been discussed, the theory ofcriminal law do not make specialized research and integration. It is very importantpractical significance for the State offense that make careful analysis andunderstanding. At present, domestic scholars have defined the concept of the Stateoffense on their own perspective, and have not form a unified concept expression, andnot to study or discuss about it, so, there are still huge gap in criminal law theory.Therefore, it is necessary to further study the State crime and to make the summary, inorder to integrate all academics theory confirmed the concept representation, and froma more scientific and rational point of view put forward the concept of status crimeand by analyzing its features, which is different from the related crime shape, clarifythe relationship with other forms of crime.As a crime, its characteristics and forms known as the dispute, so that specificcrime state make the corresponding also Public opinions are divergent., especially forthe kidnapping crime, the crime of bigamy, crime of kidnapping children and buyingabducted women, children and other crimes, these issues will directly affect theconviction and sentencing, creating confusion or the reality of obstacles normsapplicable to set the charges for the realization of the. Therefore, accurately describedand summarized characteristics of status crime, classified qualitative, contribute to therelated crime, so as to effectively guide the practice of conviction and sentencing.Therefore, this paper will be divided into the following several parts:Chapter I “the theoretical dimension of state prisoners.” Including the statuscrime is an independent form of crime of controversial comments, how to rebuild andthe positioning of status crime in the criminal law theory system on the concept ofstate crime problem. Must first be sure that status crime is an independent form ofcrime, and the interior of the state make analysis, obtains the status crime should belocated in the pattern of crime number theory conclusion, thus forming a newunderstanding of the concept of state crimes, and expounds the basic characteristics ofstate prisoners.Chapter II “the State offense and the crime theory.” Since the state crime shouldbe positioning and the crime theory category, we must clarify the relationship betweenthe two. First is to discuss what kind of status crime crime types, from the perspectiveof state crimes committed a crime belongs to the typical types, then will be made andcontinue to make, is to make detailed distinction between state, in order to accuratelyidentify the status of offence to intent.Chapter III “the State offense and the Afterwards behavior theory.” After thedetail behavior theory and the relationship between the state of crime, status crime and the afterwards act theory has fit great, especially the afterwards act of impunitycan be said to belong to the state make personal theory, in practice for the treatment ofstatus crime is basically suitable penalty after behavior theory to solve, then a clearpenalty after behavior and state committed relationship.Chapter IV “the relevant charges of the State offense.” In the theory of criminallaw which belongs to the state charges made or not state make very controversial, thispaper selects a few charge analysis. The first is the typical status crime types aredescribed, including the crime of theft, embezzlement crime; second is disputedcrimes, such as kidnapping crime, crime of kidnapping children, bigamy crime,trafficking in women and children, and those buying abducted women, children andother crimes.