论脱逃罪的身份与共同犯罪.pdfVIP

Abstract The crime of escaping is a crime which is serious damage to the order of the national judicial management, and the legislature and judiciary of every country has always been paying more attentions on it. The crime of escaping is a crime committed by the offender with a special identity, and the main subject of the crime must be a special which are criminals, the accused and the suspect who are shut up. People who are without the above-mentioned three kinds of the specific identity can not alone commit the crime of escaping, and they can only be accomplice in joint crime. The characteristics of the escaping crime has strictly temporal elements. Actors must be restricted in the phase of free time by the judicial, and they are with the subjective purpose of escaping from custody at the same time. People who are without the specific identity of Escaping crime can only be abettor or accessory in joint crime but not the group perpetrator. In the part of designating the common patterns of crime, there was a major controversy ether in judicial practice or in criminal law theory. Since there is much difference in realizing and specific understanding, there is also much difference in legal characterization of the same escaping behavior by different judiciaries, which caused confusion in the enforcement of criminal law, and seriously damaged the unity and authority of national law. The joint crime of escaping is a complex social phenomenon. From the perspective of constitutes, it not only existed a special form of the structure, but also reflected the complexity of the processing stages. Firstly, it reflected in the composition of the main subject of crime who are