The Qualitative Standard Research Of The Real Identity Accomplice

In criminal law of Germany and Japanese criminal law has made specific provisions, non-identity can be as an accomplice in the only identity to constitute the real identity, the criminal law of the China in general does not provide, only in the specific provisions and judicial interpretation on the part of the crime make the scattered provisions. For the real identity of the accomplice qualitative problem, Japan and Germany debate focused on the understanding of the law and how to apply, and China criminal law science for the real identity crime accomplice qualitative problems caused a lot of controversy, different scholars to solve this problem proposed own theoretical perspectives and standards, these theory contends each other promoted the development of theory of the accomplice of status crime, but the legislation blank and academic contend to the real identity of accomplice qualitative issues perplexing, haven’t formed a unified and complete system. The author through to the Japan, Germany in the criminal law about this kind of problem solution as well as to our country criminal law educational world research analysis based on the analysis of the paper summarizes factions of theories, think that the real identity of accomplice question research should return to nature, pay attention to the identity in a joint crime and the implementation of crime investigation using its functions and powers, proposed own some views in order to be able to help to solve this problem.The article structure is mainly divided into four chapters:The first chapter is about the real identity of the accomplice qualitative problem. This chapter mainly describes the basic concepts and draw out problems to be studied in this article. The first is the concept of the article in the real identity of offenders and accomplices elaborate, and define the foreign criminal law concepts of simple comparisons; The second is the real identity of the accomplice qualitative problems to define as well as current on the appropriate definition of such issues the main doctrine existed briefly summarized.The second chapter combed the Japanese and German research about the real identity accomplice problem. This chapter mainly on foreign related theory analysis and research, Japan and Germany for the real identity accomplice of legislation, and on this basis make a brief analysis.The third chapter analyzes the legal provisions of our country and the theoretical debate on the qualitative issues of the accomplice of the real identity crime. The specific provisions of our country and the relevant judicial interpretations of identity crime provisions of accomplice question brief analysis, and the criminal law of the China science world about real identity made several major qualitative problems of accomplice theory for a simple overview respectively, and assess them.The fourth chapter studies the real identity accomplice qualitative standard. The first part is the real identity accomplice problem on perfecting the legislation, which makes the law to such problems unified and coordinated. The second and third part is based on the existing theories for further study, consider that the identity of those in the crime through the use of facilities on its powers or duties contrary to its conduct specific legal obligations as a bear specific identification basis for solving this problem will have some help and then provide some useful references for complicity to commit identity involving legislative issues. The fourth part is according to the real identity of the accomplice crime types, with the help of relevant cases, the real identity of the accomplic crime problem for further argument.