Studies On The Crime Of Releasing The Person Held In Custody Without Authorization

As a serious crime of dereliction of duty, Crime of releasing the person held in custody without authorization destroys the activities in gear of judiciary and judicial organ: helping the person held in custody escape from punishment, instruction and reconstruction of law; damaging the national security and social order; impairing the reputation of judicial organ and its staff; placing a premium on the decline of public identification with criminal law and judicial justice. Although the first paragraph in the four hundredth article of Criminal Law section has such crime prescribed, research on such crime in the circle of criminal law study is too superficial and scattered, which often showed in the enunciation of only hundreds words in teaching materials. On the other hand, there are many disputations in the level of theory and practice and defect in the legislation of such crime as well.In view of this, the author attempts to make a systemic research on such crime at large. Chapter 1 of this article reviews the origin and revolution of such crime the author thinks which included in the relate stipulation about responsibility of law-officer in Criminal Codes Made by Lu and firstly seen in the Bamboo Slips Excavated from Tomb in Chin Dynasty, therefore makes an analysis and summary on the certain stipulations of Law Codes of the Tang Dynasty and compares the stipulation of both old and new criminal law on such crime. Chapter 2 puts a research on some theoretic issues of such crime and holds the definition of such crime of releasing the criminal person held in custody without authorization. The concept of such crime should be: the act of the judicial staff by using the convenience of duty to relieve the suspect, the defendant and offender in custody without authorization. The author also makes an analysis on the elements of crime constitution on suchcrime. Chapter 3 gives an exploration on certain issues in the judicial practice of such crime. The last chapter presents an analysis on the punishment principle and kind of punishments perfection. Two principles, punishing severely and punishing equally, are embodied in the punishment of such crime although the absence of afflict punishment brings some pity. It is necessary to establish the punishment of fine and deprivation of politic right for the consummation of such crime.