Analysis of Status Factors in Joint Crime
Bao Xin-z
Abstract
Bao Xin-z
Abstract
Status factors in a joint crime is a contradiction in the law,the judge standers is different,the existing laws and judicial interpretations have bigger differences in the judicial practice,there is suspicion of violation of the principle of crime corresponding to the offense; Joint crime in the commonstandard that is the essence of joint crime,that is joint crime is appropriate,but the degree of commonremains to be further perfected and improved in the explanation of criminal law; Referred to crime control theory in the continental law system,and use obligation theory,no identity has the crime of identity,but can be the identity is the accomplice offender; Identifying the role of status crime in joint crime can still not leave the nature of joint crime,obligation is the only standard to determine the position of the status crime in joint crime.
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Status factors in a joint crime is a contradiction in the law,the judge standers is different,the existing laws and judicial interpretations have bigger differences in the judicial practice,there is suspicion of violation of the principle of crime corresponding to the offense; Joint crime in the commonstandard that is the essence of joint crime,that is joint crime is appropriate,but the degree of commonremains to be further perfected and improved in the explanation of criminal law; Referred to crime control theory in the continental law system,and use obligation theory,no identity has the crime of identity,but can be the identity is the accomplice offender; Identifying the role of status crime in joint crime can still not leave the nature of joint crime,obligation is the only standard to determine the position of the status crime in joint crime.
Key concepts: Obligation, Joint (building), Identity (music), Contradiction, Law, Position (finance), Criminology, Criminal law