The Research Of Some Problems About The Crime Of Helping Criminals To Avoid Punishment

The crime of helping criminals to avoid punishment is the new requirements of the Criminal Code offenses, whereas the Criminal Code in 1979, there is no requirement for this crime. The independence of the crime provides guiding for our judicial investigation to help criminals to avoid punishment crimes, but in judicial practice, because of criminal law and relevant judicial interpretations of the crime provided is not clear, for this crime in the main scope, objective behavior, behavior objects, subjective understanding of areas such as understanding the content of the confusion and inconsistencies seriously affected the judicial application of this crime. The scholars also have controversy over issues of the Crime. This article attempts to help the criminals to avoid punishment analysis of existing studies some problems to the theory of the crime and the judicial practice of benefit.In addition to the introduction and conclusion, this paper is divided into four parts:The first part offered solution to the crime of help criminals to avoid punishment for the current problems. First by giving comparative analysis of the criminal law and relevant judicial interpretations of the provisions, this part points out its problems in the legislation; and then through the analysis of three cases encountered in practice .The second part of the crime of helping criminals to avoid punishment in the Elements of the problems. That part is the main part of this article, the author analyses mainly from the four aspects of the Crime. First, the author placed the crime of dereliction of duty into the crime of the whole object of this crime , pointing out that the object of this crime includes not only the normal state authorities to suppress criminal activities, but also includes state personnel functions related to the legitimacy, impartiality incorruptible nature. Secondly, the crime of the objective aspects of analysis, on this crime type of behavior and specific way, the behavior of the functions of and the object of conduct review will enable us to further realize that this crime in practice, the possible existence of a specific behavior; the Crime also has the state of omission. the man in the act of crime must not use his position to work it; the subjects of conducting of this crime includes not only criminal suspects and defendants, also convicted persons, changes in the criminal law in the future should be "criminals" to "natural persons and organizations"; "to escape punishment" should refer only to avoid criminal penalties, including illegal reduce the criminal penalties, and the identification of the objective of this crime have an important significance. Then, the principal author of this crime through the establishment of two conditions: first,"State organs" and "duty to suppress crime," careful analysis, clear both the meaning and scope; of scholars on the subject of the existence of the crime of "identity "," the authority said, "the assessment, the main body of this crime should be further defined as follows: First, in accordance with laws and regulations bear the responsibility of the person to suppress criminal activities; second, commissioned by or on behalf of the National authorities in the suppression of criminal activities of state organs do not have state personnel status personnel. Finally, the subjective knowledge of the contents of this crime with "base case" analysis of the issues, we can see the object being to help the accused, criminal cases, actors, then the contents of subjective knowledge that the defendant is aware of its criminals; and object is not being helped suspects in custody cases, the behavior of the main criteria for judging was subjective knowledge should be: there is evidence of facts of a crime, and criminal responsibility. The establishment of the elements of the crime was defined on the basis of comprehensive analysis, in that part of the last three cases the first part of the problem reflected in the response.The third part is about identification of the state of the crime. Through the form of the crime, the existence of controversial ideas identified is reviewed, further defined as acts committed this crime, the only tunnel standard should be: the perpetrator or to facilitate tipping off criminals to help them escape punishment whether Implementation completed.The fourth part is the last part. Mainly dealing with the crime of help criminals to avoid punishment from the crime with the help of committed relationships, competing with taking bribes treated with other similar crimes, such as: harboring, concealing the murder, deliberately leaking state secrets, to help destroy , forgery and other crimes evidence and so on, between the crime and other aspects of analysis, so that we can give a whole view of accurately understanding and help the criminals to avoid punishment for the crime, and make the right conviction and sentencing.