Research On The Principal Of Helping Type

The criminal law sub-rules stipulates a special category of crimes,collectively referred to as"helping types of offenders",which is characterized by the"helpful nature"of the conduct.With the introduction of amendments to the Criminal Law,the criminals who are assisting with the crime have been expanded,and they have shown a trend of scale.It is mainly distributed in national and public security,social order and other fields of crime,and it highlights the criminal law's emphasis on social issues and the positive response to social functions,that is"identity of the law is to adapt to the needs of social products concept".In order to solve the problem of generalization of this kind of legislative phenomenon,some scholars have studied the necessity and rationality of legislation.Scholars have focused on"why would the rule alone help criminalize an act and reflect on the benefits and disadvantages of such a legislative model?"Such core issues have been deeply discussed and some unique views and theoretical differences have been formed.In favor of the theory of representative Zhang Mingkai,Yu Zhigang,Liu Renwen,Chen Yi-jian,Bai Jie and so on.The main part of the crime based help behavior of social harmfulness,independence,and the limitations of imputation accomplice dimens ions,argument help behavior crime necessity.However,the scholars who raised the objections mainly criticized the entire legislative phenomenon or the part of the crimes that helped to criminalize the behavior,from the perspectives of the modesty of criminal law,the impediment to social development,and the superiority of our country's criminal participation model.The solution is mainly represented by scholars such as Liu Yanhong,Yan Erpeng,Jiang Su and Zheng Wei.In general,the legislative model of accommodating the use of accomplices is closely related to the current criminal situation and the strictness and pre-positioning of legal interest protection is the most fundamental internal motivation.However,there are three problems in the current research related to help-type positive offenses.First,they only focus on or emphasize the phenomenon of accomplices being committed and there is no further type of assistive behavior that does not constitute an accomplice.Crimes are illustrated and there is no systematic discussion of the relationship between these two phenomena.This situation led to some studies that used the latter as a legislative phenomenon of accommodating offenses.The result was confusion of the research subjects.Second,most of the studies directly present the phenomenon of accomplices as a final result.Before further clarifying the nature of the problem,we will use various relevant theories that limit convictions and accomplices doctrine to study.Such research will lead to the lack of systematic research due to the ambiguity of the logical starting point Third,the legislative phenomenon of accommodating offenses is not only to pursue theoretical logical rationality,but also to clarify the practical confusion brought about by judicial practice.The balance of sentencing is only one aspect of the problem.The magnified penalties are not entirely symbolic legislation,and their conclusions should be sufficient through practical considerations.Therefore,on the one hand,the research of the help-type offender is based on the positive offense as the starting point of the research.Through the intrinsic hooks established in the three aspects of the realization path,the compositional structure and the positive guilty principle,the theoretical pave and value for the development of its specific problems are made.The default.On the other hand,a systematic and comprehensive discussion has been made on the identification and punishment of the offenders who are convicting each crime.The entire article focuses on the following issues:First,the question of what the type of helping principal is being committed,and what is the relationship between its path of implementation,its composition,and its principle of the principal quality.Judging from the overall point of view,the criminal law sub-rules stipulates a special category of crimes,collectively referred to as"helping types of offenders",which is characterized by the"helpful nature "of the conduct.According to the source and operational mechanism of the composition of"helpful behavior",this article advocates the criminalization of non-accomplice contributory acts and the help of positive guilty behaviors as the two realization paths of help-type offenders.As a result,two kinds of structural forms have been created,namely,the help-type positive criminals who have been guilty of crimes and the help-type criminals who are being guilty of criminals.The binary structure of the helping principal is deciding on the basis of the argument that the criminal offense will be divided.The criminalization of assisting principal adopts an objectively stated standard,and the principal offending of the helping principal must explain the positive offense from the appearance to the intrinsic method.If only from the aspect of concrete implementation of the basic constituent elements of the criminal law division,the principal offending of assisting principal and the criminalization of supporting principal adopt a form of objective judgment.However,the conduct of all crimes that take into account the principal offending ofhelping principal is special.Therefore,it is necessary to ask for more full-fledged reasons to reinforce or consolidate its rightful status.The"important role theory"of substantive objective theory has become an important theory.The principal offending of assisting principal can be divided into two kinds of situations.It is the act of helping the sin to be transformed into the punishing act of the sin and the act of assisting the same crime directly becomes the act of execution.Specific as shown below:Graphical Representation:Organization Chart of Helping PrincipalSecond,the question to be explored is whether there is a legitimate reason for the legislative expansion of the helping principal and what its reasonable boundaries are.After many amendments to the criminal law,the number of crimes assisting principals rapidly expanded in areas such as crimes that jeopardize public safety and disrupt social order.This,to a certain extent,reflects the functional strengthening of criminal law in dealing with security and risk prevention issues.According to the previous point of view,the legitimacy of legislation mainly comes from three aspects.They are the reason for the criminal policy,the practical confusion of the joint crime imputation,and the basic requirements of the materialization of the crime law.First of all,the reason why the size of the helping principal is expanded in legislation is mainly due to the criminal policy emphasizing the effect of"Crime Prevention and Strict Law Network and the helping principal is a concrete expression form of the crime circle enlargement.So,normative of internal variables and the criminal policy together are the important parameters for constructing the criminal law system.Second,because of restrict imposed by the theory of resettlement,accomplice's determination is not based on the judgment of the offending principal.The reason why an accomplice is an accomplice is that it is an act that has specific conditions to attach to the actual culpable act of constitutive elements.In the absence of such Subsidiary Relations,even if the help behavior has a certain amount of enthusiasm for the implementation of the act,it still cannot be considered as an accomplice.Therefore,help behaviors that cannot establish an accomplice are excluded from the accomplice evaluation system under the constraints of the property theory.However,its social harmfulness has reached the level of penalty punishment,so it must be stipulated in the law of sub-regulations.From this point of view,we directly stipulate that the acts of assistance that originally belonged to an accomplice were guilty of committing the act This situation is affected by the logical dislocation between the role classification and the division of labor classification of the participants,and the result will be presented.Outcome limitations and complementary relationships.The purpose is to balance the relationship between sentencing and qualitative.In the end,the actual objective theory of judging fusion,and its substantive performance from constitutive elements to culpability,all reflect the substantive development of criminal law.The legislative expansion of the Helping principal cannot be unlimited.It has a close relationship with the limited and modest nature of criminal resources.It can be said that if the criminal law only concerns the expansion of the crime circle is not appropriate,it easily leads to the consequences of the violation of the criminal law.Non-accomplice-assisted behaviors can only be considered crimes if they have to be forced and have the danger or threat of actual infringement,and the accomplice's help behavior should strictly limit the number of guilty crimes.From this perspective,the rationality of the reflection of the helping principal should generally be maintained with a prudent and restrained attitude.It is mainly considered in three aspects:the examination of basic principles of criminal law,the criminal legal normal,the consistent torture,and the vigilance of accusation.Third,what are the practical puzzles that the help type is guilty of in judicia l practice and how to resolve it.Helping criminals are committing crimes focused on the legislative practice of public security and social order,reflecting the crimin al law's emphasis on positive responses to social issues and the functioning of so cial functions.This is undoubtedly a true portrayal of the functionalist concept of criminal law that puts forward the concept of identifying the law as a product of social needs.The gravity of the circumstances that are common in the helping ty pe of committing various crimes is a difficult problem in the determination of the judicial practice.The plot of the crime quantity element should identify the"convic tions"of unlawful functionalities on the basis of persisting in type distinction.Penalt y function of sentence circumstances.The expensive mechanism is of great signific ance to assisting positive offenders.Investigating the theory of pu-nishability,there i s an unscrupulous unpunishable,unpunished responsibility,and objectively unpunisha bleexceeding chain.The study of criminal forms should not only reveal that the he lping type is guilty of the real purpose of penalizing enlargement and advancemen t,but also handling the determination of crimes in the unfinished form and partici pation form.The deficiencies in the establishment of legal punishments have cause d practical difficulties in sentencing.From the establishment of principles to the i ntroduction of specific perfections,there is yet another difficulty in directing pract ice.On the whole,the research on helping principal has distinctive features and important values.By establishing the form and substantive theory of judgment,it establishes the internal relationship with the offender and establishes the basic position of the offender.Drawing on the experience of the existing guilty of accomplices,we will comprehensively reflect on the legitimacy and legitimacy of this legislative model.Furthermore,theoretical introspection counteracts the operation of practice,and the development of practice reflects theoretical issues.A series of studies have been carried out on the basis of the establishment of the helper-type convicts,their offenses,form issues and the application of penalties.