Study On Crime Of Releasing Prisoners Without Authorization

Releasing prisoners without authorization is a serious crime of dereliction of duty. In order to fully and accurately grasp the nature of this crime, and to fight against it in legal way, this paper tries to illustrate its constitutive elements, summarize previous related practices both at home and abroad in a method of combining theories with case study, and to analyze its limitations so as to draw ways for improvement, accurately define this crime and ensure the authority of national regulatory system that shall provide explicit guidelines. It is believed that this crime should be defined as: according to the stipulation of law, rulings, order or other regulations, persons with the duty of supervision release persons who are held in custody, captivity (including place of custody and on the way to place of custody). Prisoners here include: persons who are held in custody or captivity in accordance with related law, rulings, order or decision etc. As for sentence, disqualification shall be added.Except the Introduction and the Conclusion, this paper is divided into four Chapters, discussing about the history of legislation of this crime and comparative analysis, definition and constitutive elements of this crime, problems that need to be paid attention to during identification, analysis of limitation in legislation and suggestions.The first Chapter discusses the history of legislation of this crime and gives a comparative analysis of legislation status of this crime in China Mainland and Taiwan and Macao. It is to introduce, firstly, the origin and history of stipulations of this crime in China, focusing on the related stipulations in the representative Tang Law, secondly, history of legislation of this crime after the founding of PRC, thirdly, the legislation status of this crime abroad, and lastly, the legislation status of this crime in Taiwan and Macao and its comparison with that in China Mainland.The second Chapter deals with the definition and the constitutive elements of this crime mainly through case study and illustration of related theories, which is the most important part of this paper.The third Chapter explores problems that need to be paid attention to during identification of this crime, mainly about guilty or not guilty, guilty of this crime or others, problems related to complicity, one crime or several crimes, and identification of criminal patterns etc..The fourth Chapter approaches the limitations in legislation of this crime after analysis and illustration in the above chapters and attempts to propose some suggestions.