The Research of Some Problems about the Crime of Helping Criminals to Avoid Punishment
|School||Southwest University of Political Science|
|Keywords||Help criminals to avoid punishment sin Constituent elements Accomplished standard Crime competing|
Help criminals to avoid punishment sin is a count of the new provisions of the Penal Code in 1997, does not have the provisions of this crime in the Penal Code in 1979. Of the crime independent of the provisions of the judiciary investigated help criminals evade public offense punishable provide a legal basis, judicial practice, criminal law and relevant judicial interpretation of prescribed this crime is not clear, for this crime in the subject scope, objective behavior way, the behavior of the object, the subjective understanding of the content, there is confusion in the understanding and treatment inconsistencies, seriously affecting the judicial application of this crime. Related scholars endless debate about issues of the Crime. This paper attempts to help criminals to avoid punishment Crime Analysis research to be beneficial to the theory of the crime and judicial practice. Text in addition to the introduction and conclusion, is divided into four parts: The first part of the help criminals to avoid penalties for the crime of the current applicable. First by the criminal law and judicial interpretation of provisions on the crime of comparative analysis, pointed out in legislative issues; then through three case analysis of the problems encountered in practice sin. The second part analyzes help criminals to avoid punishment sin exists in the constituent elements. This part is the main part of this article, the author mainly from four aspects of the Crime of depth and detailed analysis. First, the author through the sin placed the Malfeasance overall understanding of the object of this crime, it clear that the object of this crime, including not only normal prohibit criminal activities of state organs, including the legitimacy of the duties of the staff of the relevant national authorities, justice and clean. Secondly, this crime objective aspects of this crime behavior types and specific ways, the behavior of Post as well as the behavior object of commentary, can make us further awareness to this crime in the practice of the possible existence of specific behavior; this crimes not only as a way to make, can also be made to omissions; the crimes human behavior must take advantage of his position will not work; behavior object of this crime - criminals, including not only suspects, defendants, also including the convicted person, behavior object of this crime should be expanded to include the units in the future revision of the Penal Code; \criminal penalties, which we correctly identified the objective aspect of the crime is of great significance. Then, the author of two conditions established by the subject of the crime: the staff of state organs \said, \The identity of the personnel staff of state organs. Finally, the analysis of the problem of the \helped the suspect is not in custody cases, the actors were subjective criteria knowingly: There is evidence to prove the facts of the crime, and criminal responsibility. Based on the definition of a comprehensive analysis of the elements of the establishment of this crime, the part of the first part of the three cases reflect a response. The third part is about helping criminals to avoid punishment of sin both tunnel morphology identified problem. Is reviewed further defined this crime as acts committed by controversial viewpoints identified the existence of the crime of both tunnel morphology both tunnel standard: behavior tipped off to the criminals, or to help facilitate their behavior to avoid punishment was completed. The fourth part is the last part, mainly from the help criminals to avoid punishment the crime with the help of committed relationship, its competing treatment, with accepting bribes and other similar crimes, such as: harboring, concealing the murder, deliberately leaking state secrets, helping to destroy forge evidence sin competing and other aspects of the analysis, so that we are capable of all-round, multi-angle accurately understand and apply to help criminals to avoid punishment the crime, do the correct conviction and sentencing.