Research On Joint Criminality And Identity Issues

The study of joint criminality and identity is a major problem in the study of criminal law,but China’s criminal law does not make relevant provisions on the issue of joint criminality of identity offenders,only in the Supreme Court and the Supreme Prosecutor issued a partial solution to the judicial interpretation of the path.Based on a study of the criminal law doctrines of Germany,Japan and Chinese Taiwan,which are clearly defined in this regard,this article intends to propose a clear and effective solution to this problem.In order to finally make a scientific and reasonable characterization of the problem of joint criminality of status offenders,the dissertation focuses on the essence of status offenders,the distinction between accomplices and proper offenders,and the relationship between accomplices and proper offenders,and determines the way forward to solve the problem of joint criminality of status offenders at the principle level.The essence of status offense is that the legal interest is infringed and the possibility of expectation.In order to correctly determine the conviction and sentencing of identity offenders,we should first clarify the principles used to analyze the complicity of identity offenders in common crimes.For the standard of differentiation between accomplice and criminal,this paper believes that the existing doctrines are not good enough to make the distinction,so this paper advocates combining the important role theory with the normative comprehensive judgment theory,and innovatively ranking the four judgment elements in the normative comprehensive judgment theory,in order to be able to scientifically and uniformly distinguish between criminal and accomplice.As for the relationship between the first offender and the accomplice,this paper adopts the viewpoint of the accomplice’s subordination,and the independence of the accomplice is not in line with the essence of joint criminality,so it is not adopted in this paper.After clarifying the principle of identity crime,it is necessary to identify the problem of identity crime in practice,which can be divided into two parts: the identification of pure identity crime and the identification of impure identity crime.In the case that each co-offender jointly commits a crime with identity as a constituent element,this paper agrees with the view that a person without identity can constitute a co-perpetrator;if the general public abets or helps a person with identity to commit a crime with identity as a constituent element,the general public should also be established as a crime with identity as a constituent element;if a person with identity abets or helps a general public to commit a crime with identity as a constituent element,if there is no normative obstacle to the perpetrator However,if there is a normative obstacle for those who do not have identity,they should be treated as co-perpetrators of the crime with identity as the main constituent element.For the identification of the common crime of the impure identity offender,it is mainly related to the sentencing of those with identity and those without identity.For the situation where the co-offenders with different identities use their respective authority to jointly commit the crime with the identity as the main constituent element,this paper believes that the principle of imaginative competition is the most appropriate treatment.