Research On The Harbor Crime

Harbor crime is a kind of conventional crime, and is common in practice. As the term harbor crime itself is not a strict legal term, therefore, there are many differences in the knowledge and views on it. This article will consider harbor crime as a theoretical class, it will explore the set of crime, punishment configuration, and the improving measures.This article is divided into four chapters:The first chapter is about the overview of the harbor crime. It first introduces four views on how to define harbor crime and analyses them respectively. Then the author's raises his own views on the concept of harbor crime, including the scope and the division of this crime. In addition to the abovementioned introduction, this article also briefly addresses the legislative history of harboring criminal of China.The second chapter is the constitution of harbor crime. The author focuses on four elements of the crime. As for the object of the crime, the common understanding is only the normal activities of the state's obstruction of criminal justice. In regards to the criminal objective, the author makes analysis of the shielding behavior of the two basic forms-"harboring" and "shield" and defines the scope of the "offender" and clarifies some confusion may encounter in the practice. The author also gives some specific ideas on "serious". During the discussing of the subject of this crime, the author solves the problem of whether the offender can become a subject, also the author points out that it's a pity the system is not included and unit is not qualified as the crime subject. Last, in the subjective aspect of the crime, the author makes analysis over the sins of the form, and describes knowing that content and knowingly to judge the difference and the corresponding requirements.Chapter three is the set of criminal penalties to the harbor crime. This chapter introduces three current different legislative models in the world and classifies the criminal penalties'patterns of China. Then the author makes two clear points of the imbalance about configuration in Chinese criminal law.The fourth chapter is about the legislative improvements on harbor crime. In the aspect of uniform this crime, the author suggests:to make an amendment on the harbor, conceal to harbor crime; repeal harboring provisions of Article 294 the Criminal Law, the provisions of Article 306 of the defendants, legal representation human destruction of evidence, false evidence, the crime of obstruction of testimony, the provisions of section 349 of harboring drug criminals, the harboring, transferring and concealing of drugs and toxic dirty crime under Article 362 of the cover crimes under Article 417 with the help of criminal elements to avoid punishment crimes, in order to build a shield that contains 15 counts of criminal charges system. On the improvement of the criminal penalties in the harbor crime, achieving the equilibrium and fitness between crime and the punishment through legislation and judicial interpretation in two ways shall be adopted.