Study On The Identification Of Principal And Acomplice Of Impostor Crime

The "Amendment to the Criminal Law of the People’s Republic of China(Eleven)" for the first time comprehensively stipulates the behaviors of impersonating admissions,obtaining civil servant admission qualifications,and impersonating employment placement,and systematically stipulates the composition of crimes and the range of penalties.Before the appearance of the crime of impostor,it is difficult for the criminal act of impostor to be fully included and evaluated by the criminal law.Through the research on the identification of the principal and accomplice of the crime of impostor,it is hoped that the application of the crime can be helpful.The main difficulties in identifying the principal and accomplice in the joint crime of impostor are mainly reflected in the difficulty of identifying the "organizational behavior",the difficulty of identifying the subjective criminal intent of the perpetrator,and the difficulty of identifying "playing a major role".There are three main reasons for this.It is difficult to determine the role of the specific implementation behavior.Second,it is difficult to identify direct intentional and indirect intentional determination.Third,it is difficult to determine whether the perpetrator "plays a main role and an auxiliary role." The specific identification of the main culprit in the joint crime of impostor mainly focuses on three aspects: the judgment of the role of organizational behavior in the joint crime of impostor,the judgment of the subjective criminal intent,and the judgment of the actor’s main role in the joint crime of impostor.The specific identification of the accomplice in the joint crime of impostor mainly includes two aspects: "playing an auxiliary role" and "playing a secondary role".The specific determination of the master and accomplice of the joint crime of impostor should comprehensively consider the objective and subjective aspects of the criminal offender.The criminal offender actively participates in the implementation of the crime,has a relatively large subjective viciousness,and plays a major role in the joint crime.If the perpetrator plays a helping role and plays a secondary role in the joint crime of impostor,it should be identified as an accessory.