| Harbor crime is directly harmful to the normal activities of the State judicial department and judicial justice. Besides, it seriously disturbs normal performance of the criminal prosecution and penal execution. So criminal and legislative departments have paid great attention to harbor crimes in different period.This paper generally describes the harbor crime in Chapter 1. The author firstly gives the definition of harbor crime and the accused term of harbor crime, respectively named as harbor crime in Item 310 of the Criminal Law, crime of harboring gangdom in Item 294 of the Criminal Law, crime of harboring criminals involved with drugs in Item 349 of the Criminal Law. Secondly, the author introduces the evolvement of harbor crime. With the birth of crimes in the slave society, harbor crime, as the concomitant of other crime appeared. For harbor crimes among the governors'relatives, there is a circulation from non-penalty (or slight penalty) to penalty. According to the principles crime and penalty are judged by law and penalty is matched to crime, there is no rules to impose slight penalty to the criminals'relatives who have conducted harbor crime.Chapter 2 discusses the determination of harbor crime. The harbor crime is defined in Section 1. Harbor crime refers to the behavior that one provides false evidences even if he knows the fact, with the attempt to make the criminal evade from the legal punishment. The object that a harbor crime injures is the normal fight between judicial department and criminals. The crime is conducted in the form of harboring the criminal. The subject of crime is common subject, which includes people above 16 and able to take criminal liabilities. The crime is committed intentionally, that is, one knows the person is a criminal but harbors him, which could lead to disturbance of normal performance of the criminal prosecution and penal execution, and such a result will cater to one's expectation because his purpose is to make the criminal evade from legal penalty. This paper makes a general analysis on the determination of harbor and distinguishing similar crimes in practice. Section 2 defines the crime of harboring gangdom. Crime of harboring gangdom refers to the behavior that government functionaries of the state organs harbor gangdom to engage in law-breaching activities. The crime not only infringes the normal fight against gangdom by judicial department, but also disturbs the order of society. The crime is conducted in the form of harboring the gangdom to engage in law-breaching activities. The subject of the crime is particular subject, who must be government functionaries of the state organs. The crime is committed intentionally. Several problems are worth to be concerned in practical judgment: first, should the behavior to harbor the organization established for the preparation of establishing gangdom be regarded as the crime? Second, should the behavior to harbor other government functionaries who have harbored the gangdom be regarded as the crime? Third, how to deal with the situation if the committer's understanding towards the target is inconsistent? This paper will elaborate the above problems.Section 3 defines the crime of harboring criminals involved with drugs. The crime of harboring criminals involved with drugs refers to the behavior that one knows the criminal who smuggles, sells, transports and produces drugs but harbors him, in order to help him evade from legal liabilities. The object that the crime infringes is the judicial department's normal fight against the criminals who smuggle, sell, transport and produce drugs. The crime is committed in the form of harboring the criminals who smuggle, sell, transport and produce drugs. The subject of crime is common subject. The crime is committed intentionally, that is, one knows the criminal who actually engages in smuggle, sales, transportation and production of drugs but harbors him. Several problems are worth to be concerned in practical judgment: first, what liabilities should the harborer take if the criminal he harbors committed various kinds of crime related with drugs, such as smuggling and selling drugs, enticing and deluding people to take drugs, injecting drugs, etc. second, the committer knows the criminals are engaged in law-breaching activities related with drugs, but he does not clearly know what kind of crime does the criminal commit, among smuggling, selling, transporting and producing drugs, or illegal transportation and carrier of drugs abroad, or illegal holding of drugs. He harbors the criminal only due to some special relationships. And this paper will make explanations on how to determine such a crime.Chapter 3 discusses how to make further improvement about the current limitations of harbor crime. In section 1, it tells us there are still limitations on harbor crime according to the Criminal Law. This paper firstly indicates that there are still unharmonious aspects concerning the legislation on harbor crime. In specific, it includes: 1. harbor crime and shelter of crime is specified in the same article by the legislative departments is unharmonious. 2. The crime specified in Item 362 of the Criminal Law is uncertain in terms of execution standard. 3. The legal term about the objective behaviors of harbor crime specified in law is too simple. Moreover, the author argues that the legal sentence of harbor crime is unharmonious. Compared with the other 2 kinds of harbor crimes, the committer involved with harboring gangdom may be deprived of their political rights, but the other two kinds of committers of harbor crime will only be sentenced the principal penalty without additional punishment. Therefore, the legislative departments should change the situation that the legal sentence for criminals who commit harbor crime of gangdom is not as heavy as the harbor crime, and the legal sentence for criminals who commit harbor crime is abnormal.Section 2 discusses a conception of improving judicial process of harbor crime. The author firstly supposes to add a system called evidence exemption. To harbor a family member is not a crime is an excellent cultural heritage in Chinese legislation, which is also an indication of humanity of the criminal law; however, the current criminal law has not continued such a legislative principle. To protect our families is our nature. To judge the parents'behavior to harbor their children as crime is an indifference and trample of humanity. The establishment of evidence exemption among relatives is guided by the modern spirit and to revitalize the system to harbor a family member is not a crime to some extent. It is an exploration and utilization of our traditional legal resources. The evidence exemption among relatives will promote harmony and stability of the society, as well as has far-reaching implication on constructing harmonious society. Furthermore, harbor of terrorists committed by the government functionaries of the state organs is suggested to be added. Terrorism has been existed for a long time. Since 1990s, it has appeared all over the world, which brings great disasters to the world and lead to people worldwide in panic. With the tide of terrorism, China does not remain absolutely peaceful. Since international communication is increasingly frequent, some terrorist appeared in local areas. So, legislation on anti-terrorists needs to be improved. Adding the crime of harboring terrorists by government functionaries of the state organs into the Criminal Law is not only the need of developing tendency of anti-terrorism movements, but also a need for complement and balance of our criminal legislation. Adding the crime of harboring terrorists should be put into schedule as soon as possible.
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