What Is Identity Formation?

Refers to people's origin and social status. In China, identity making as an ideology is the main part of the Chinese national cultural spirit and an important code of ethical behavior. It has a continuous effect on the Chinese, and this continuous effect is on their psychological level. The depths of the condensed into a complex.

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1. refer to

Legal term for identity

Identity in criminal law

1. The concept of identity in criminal law is redefined as: the objective elements of an individual in criminal law that have an impact on conviction and sentencing. It specifically includes the identity of the actor, the identity of the criminal victim, and the identity of the person who acts. The status specified in the criminal law also includes the status that has an impact on conviction and sentencing, although it is not explicitly provided in the criminal law, including both the status of a natural person and the status of a unit.

2. The status of ancient Chinese criminal law is reviewed in five aspects.

(1) Identity based on biological characteristics. The research was conducted by age and disease, women and pregnant women. (2) Identity based on position and occupation. (3) Relative status. The relative accomplices, relatives and concealment, kinship and fate, and kinship between relatives were investigated and compared. (4) Social status. Examines rank privileges and good and bad offenders. (5) Identity in joint crime.

3 Characteristics of identity in criminal law. Summarized into the following five:

(1) Objective personality. Refers to the identity in criminal law is a kind of identifying factors such as qualifications, relationships, and status that can be objectively existed in the human body through human perception.

(2) Effectiveness. Refers to the status of criminal law must be an objective personal factor that has an impact on convictions and sentencing.

(3) Targeted. Refers to all identities in the criminal law for specific crimes, and identities that do not target any crime have no meaning in criminal law, that is, they have no effect on convictions and sentencing.

(4) Relativity. Refers to the existence of any identity in the criminal law on the basis of the opposite identity. The two roles play exactly the opposite role.

(5) Priority. Except for the status of "pregnant woman", most of the status in criminal law is formed before the crime.

4. Types of identity in criminal law.

According to the person's position in the crime, the criminal law's identity is divided into three types, namely the identity of the perpetrator, the identity of the criminal victim, and the identity of the subject of the behavior. In addition, the three traditional classifications of natural status and legal status, positive status and negative status, and conviction status and sentencing status have been revised, and each of them can contain all the statuses in the criminal law, which still has practical value.

5. The role of identity in criminal law.

(1) For regulatory purposes. Refers to the formulation and promulgation of criminal law norms related to a certain status and containing the content of crimes and penalties, which is a type of regulation and restriction on persons with that status in performing behaviors related to their status.

(2) Guarantee and protection. The former refers to the establishment of certain identities while restricting the initiation of national penal powers, while fully safeguarding the legal rights and interests of persons with certain identities. The latter means that certain identity settings provide special protection to certain vulnerable groups in the society, as well as certain personnel who perform important duties, and units that perform important functions of the state and society.

(3) Embody the principle of equality in criminal law. The requirement that certain status in our criminal law affect the existence and size of criminal liability is a concrete manifestation of this principle.

(4) Reflect the principle of balanced crime and punishment. Refers to the existence of a certain identity that affects the degree of social harm of a certain criminal act, and then affects the severity of its punishment.

(5) Conviction effect. Including the distinction between sin and non-sin, this sin and the other.

(6) Sentencing effect. There are three cases: It does not affect the nature of the crime nor the degree of harm of the crime, but sometimes it affects the severity of the penalty. It does not affect the nature of the crime, but affects the degree of harm of the crime, and then affects the severity of the penalty. It affects both the nature of the crime and the degree of harm of the crime, and then the severity of the penalty.

6. Conviction and sentencing

The actor's natural identity and conviction and sentencing

(1) Actor identity based on biological characteristics. Discussed identities related to age, mental state, disease and gender, "maternal" status, etc. Focused on the study of the criminal responsibility of "senior" elderly people and deaf-mute persons, it was argued that "older age" could not be easily used as a reason for leniency; Deaf and dumb "status. (2) Relative status of the actor based on blood or marriage. It is considered that the perpetrators of the two crimes of abuse and abandonment in our criminal law are related to each other, while the criminal acts of abusive or abandonment in the criminal law of Taiwan and other countries in our country also include people other than relatives. A comparative study of the theft of relatives shows that relative status is generally a negative status for the crime of theft, and that the scope of relatives in the criminal law of Taiwan and Japan is wider than that of relatives in our interpretation.

Actor's legal status and conviction and sentencing

(1) Type and role of the legal status of the actor. This status is divided into three categories: job status, professional status, and other statuses, all of which are positive statuses. Among them, job status is the most important, mainly in the type of bribery, infringement and malfeasance.

Identity in civil law

In civil law, identity, as well as identity, is an inalienable status or qualification of the subject in a particular relationship. Such as the identity of a natural person as a result of creating a work, the identity of parents and children, etc.

The status in civil law refers to the social relations and identities of natural persons, legal persons, and other organizations that are civil subjects, that is, a kind of qualifications and identities that belong to this natural person, legal person, or other organization. Identity as a natural person cannot be seized, transferred, and abandoned, but identity as a legal person and other organizations can be seized, transferred, and abandoned. For example, enterprises can be transferred, suspended, and suspended. The same is true of other organizations.

Sociology of identity

Generally divided into: farmers, workers, cadres (including hired cadres). It was under the planned economic system that the personnel management system has been used to this day. Now most units are weakening this concept. However, it is often used in some cases, especially in relation to institutions and institutions.