Helping To Destroy Or Forge Evidence Study

The crime of assisting in destroying and fabricating evidences was a new crime added in 1997, belonged to one kind of crimes of evidence. This article based on the Contemporary China Criminal law theory and the present Judicial situation, to pursue the judicial justness, to perfect criminal law system idea, taking the criminal law study as the main angle of view, uniting criminology, the lawsuit legal science, the evidence legal science and so on the multi-disciplinary knowledge, to deeply elaborated the concept, constitution, cognizance of assisting in destroying and fabricating evidences, and some main problems disputed a lot. Tried to solve some puzzles in the theory and practice and to guide the judicial practices. Full text contained introduction and three parts.The introduction elaborated the legislation background and the research value of the crime of assisting in destroying and fabricating evidences.The first part, the concept and the crime constitution of the crime of assisting in destroying and fabricating evidences. According to the original intention of legislation and the principle of the responsibility and punishment should adapt to an offense, the behavior should be defined to be serious circumstance of assisting in destroying and fabricating evidences in civil and administrative case. The behavior belonged to act of perpetrating, this behavior should contains hiding and forging the evidence; The main body of helping not only can be the natural person, but also can be the unit; the precondition of constitute the crime must be with intention.The second part, the judicial cognizance of the crime of assisting in destroying and fabricating evidences. The article distinguished the line between the crime and the non-crime, this crime and the other crime of assisting in destroying and fabricating evidences, this crime and other crime has carried on the discrimination, cognized the complicity and the stopped shape of the crime of assisting in destroying and fabricating evidences. The behavior did not defined in the lawsuit process, may starts before the lawsuit, also may after the lawsuit .The party self cannot be the complicity. The one belonged to plot criminal. The relationship of helping to destroy and forge evidence and crime of harboring criminals, the crime of orders and judgments that misuse the law was concurrence.