中国是一个关系社会,人一出生便开始具有各种身份,身份在我国有及其深远的影响和重要的意义,然而身份犯中的“身份”一词并不是指世俗社会中的因各种社会关系而形成的身份,而是指法律明文规定的能够影响对犯罪行为人定罪量刑的个人因素。身份犯的意义在于通过身份限制犯罪构成要件,从而将具有特殊身份并利用特殊身份实施犯罪的人特定化进行区别对待,身份的具备与否直接影响到行为人是否构成犯罪,或是否因此加重或减轻其刑事责任。在如此重视关系的中国社会,研究刑法中规定的关于身份犯的实质不法内涵,具有重要意义。 As a relational society, China begins to have various identities when born, and its status in our country has its far-reaching impact and significance. However, the term “status” in the status of criminals does not mean that But also the identity formed by various social relations. It refers to the personal factors stipulated by the law that can affect the conviction and sentencing of criminal actors. The significance of identity crimes lies in the fact that the elements of crime should be limited by their identities so as to discriminate the persons who have the special status and use the special identities to commit the crimes. The existence of the identity has a direct impact on whether the actor constitutes a crime or is aggravated by Reduce their criminal responsibility. It is of great significance in the Chinese society that attaches so much importance to the study of the substantive and illegal contents of the identity crimes stipulated in the criminal law.