On The Scope Of Complicity In A True Identity Crime

The establishment scope of the accomplice of a true identity offender relates to the question of whether a person without identity can be an abettor or an abettor,and whether he can be an indirect or even a co-offender.There is no provision in the general provisions of criminal law,judicial interpretation is scattered and confused,which makes the theoretical circle constantly disputed,and the judicial practice is difficult to deal with this problem.From the relevant legislative provisions of Japan and Germany on the establishment scope of true identity offenders and the theoretical discussions,it is possible to draw inspiration from their excellent achievements.From the essence of the crime,combined with the effect of carrying out the act,we can better define the scope of accomplice in the real identity crime by carrying out the rule of restricting the subordinate attribute.In the general provisions of our criminal law,we add a provision on the real status crime,so as to fill the loopholes in our legislation.To standardize the relevant judicial interpretation and abolish the relevant unreasonable judicial interpretation in time,so that the existing judicial interpretation system can be coordinated to a certain extent,to the judicial practice of the correct treatment of this issue to a guide.