Study On The Crime Of Helping Criminals Escape Punishment

Montesquieu on the spirit of law "in incisive point out:" all those who have power are easy to abuse of power, this is the only constant, experience the power of a people use power until encounter have boundaries place, then rest mode." If Montesquieu said, have the power will have abuse, so in order to avoid such abuses of power, crack down on corrupt officials, China since ancient times will malfeasance into criminal law, but the law is not everything. There's master card, cannot regulate all malfeasance, plus the legal norm general, judicial standard fuzzy and makes the judicial practice is not ideal for malfeasance blow.Help them escape punishment criminals as prescribed in the new criminal law sin in a new type of dereliction of duty crime, including its main area, about the content of the subjective and objective aspects that the performance and determination and in other aspects of the difference between charges where remains controversial. Given help them escape punishment will criminal judicial organs shall seriously hamper the normal procedure criminal litigation, infringe upon the lawful rights and interests of citizens, will give the government image bring huge negative effect. This paper aims to case analysis to attempt to some of these difficult issues their own opinions.This article will be divided into three parts the epilogue to discuss.The first part is the problem put forward. This section by the case leads to help them escape punishment criminals sin in existing in the academic field and practice of several dispute, mainly involves how to determine the subject identity crime? The objective aspects of how to determine a crime? The before-mentioned sin and the relationship and difference? To help them escape punishment of criminals and constituted bribery in its appointed and how? The second part will help criminals combining case from penalties for the sin of several controversial problems is analyzed. Think "have suppressed crime duty of national office working personnel" means is in accordance with the laws and regulations have suppressed crime responsibility personnel; Two is to accept state organs entrust suppressed crime but not a national office working personnel identity personnel. Crime, criminals target crime "of" crime "criminals" regulations for it's committing or is have implemented crime there is evidence that the natural person or unit directly, including crime has not been initiated prosecution after, criminal suspects, defendants. Actor subjective must knowingly or should have helped people is that the criminals. This crime in a positive way objectively must as a help. This crime and crime before-mentioned differences in more extensive, it can be subject judiciary; this crime behavior more than the latter time before, including criminal lawsuit wide after become effective; and the sentencing this crime objective behavior also with the latter, and the latter can not as different form, and sin is using directly after the judicial power for wrongful. In criminal also constitutes help them escape punishment when sin and bribery and how to deal with should the concrete analysis.The third part is in the first part of based on the analysis of a case that the conclusion: Penn in two periods a pan out two independent behaviors, it should be to help them escape punishment criminals for its SINS and taking bribes for plural crimes.