Studies On The Relevant Problems Of Crime Of Releasing The Person Held In Cusody Without Authorization

The crime of setting free the detained personals privately, regulated by the 400th item in Chinese Criminal Law, was a terribly serious crime of misconduct in office. It not only endanger the state's right of criminal suspects, accused persons, the offender supervision and custody order, resulting in detainees to escape legal sanction, affecting the normal judicial activities, but also condoned by the private release of criminal suspects, defendants or offenders so that they should be the law's deterrent force to be ignored, resulting in extremely bad social impact. In addition, such judicial officers on the charge private personnel, led directly to the public on the law enforcement community's suspicion of the power of trust in the law, as well as the absence of belief in the law, resulting in people's misunderstanding of the national judiciary, victims of unrest and so on. However, because of the provisions of Article Act rather sketchy, the offense in theory and practice has aroused more controversy. This article will charge private persons on the crime of the theoretical as well as specific judicial practice that exist in the process of contentious issues for discussion.Firstly, this paper starts with the general evolution in legislation to show its change in history, in order to highlight the important position of the crime of releasing the person held in custody without authorization in the legislation.Secondly, this paper discusses the concept of crime of releasing the person held in custody without authorization,objective aspect of which,subject of which,subjective elements of which,and against the theory of existence of this sector, which constitute the elements of the crime in variety of disputes,a detailed comparative analysis and specific elaboration.Exist in theoretical circles as well as on the composition of the elements of this crime in a variety of disputes, made a detailed comparative analysis and specific elaboration.About the objective aspect of crime of releasing the person held in custody without authorization,a view was expressed that the judiciary of the detention of criminal suspects, defendants, offenders regulatory system, another view was expressed that the order of the normal activities of the judiciary,i agree that the object of the crime of releasing the person held in custody without authorizationt is the judiciary of the detention of criminal suspects, the accused, the offender monitoring system and the normal activities of the judiciary to this view. About the object of the crime of releasing the person held in custody without authorization, there are "regulation" ,"detention","suspect" ,"actual control " ,and many other viewpoints, in this paper i'll analysis these ideas one by one , and then the conclution is that the detainees are those who have been advocates of justice personnel to take control of personal freedom has been evidence that the person suspected of crimes or criminals sentenced according to law,of course, the "actual control " is more scientific.About the objective behavior of the crime of releasing the person held in custody without authorization, as opposed to private acts someone puts another two concepts that to distinguish acts of the crime of releasing the person held in custody without authorization, as a temporary private release behavior and general behavior of the private release, I think that perhaps the two concepts has no reason to exsist,and I'ii illustate the detail in my paper. For example, acts of the temporary private release, that is, the staff of the temporary private act detached in very short time, and returns as scheduled , without causing other serious consequences, in this case, they say that the person's acts is thought to be no guilty. This really does not constitute a crime, it belongs to the "But " in the 13th term in Chinese Criminal Law ,which referred to "the circumstances are obviously minor, there is little risk behavior, do not think that is a crime," so there is no need to add additional names; The general behavior of the private release is that the person only comes into force personnel in the private preparatory acts on the charge, has not yet begun to implement the crime, not to commission of a crime, this situation is no need to make a new name to distinguish with the act crime of releasing the person held in custody without authorization, too.In fact, it is the preparatory acts of releasing the person held in custody without authorization, although in principle the prepared behavior is to be punished in Chinese criminal law, but in judicial practice, the punishment of crime in preparation is very exceptional phenomenon, the two concepts make no use in fact , they are first be manufactured and then be catched to distinguish with behavior of releasing the person held in custody without authorization,that is really redundant.About the persons who releases the person held in custody without authorization, there are ideas of "identity " and "function" in theory which are debate hotly, according to relevant laws and judicial interpretations of the provisions of this article that the subject of this crime should have the "functional" and "identity" of the double property.About the subjective aspects of people who releases the person held in custody without authorization, they are deliberate that has been indisputable, however, some people think that only a direct intentional, while another view is that the subjective aspects of this crime include two states :direct and indirect intentional deliberate , this paper and theoretical analysis of actual cases that the crime of releasing the person held in custody without authorization should include direct and indirect intentional intentional.Thirdly, the paper discusses the boundaries of the crime of releasing the person held in custody without authorization, and then according the Crime elements of specific characteristics , distinction between the various private persons on the charge the offense of harboring crimes, escape the boundaries of the crime, the crime of private persons placed in custody and abuse terms of the boundaries of the crime, for the crime of private persons placed in custody and attempted Accomplished issues and bribery in the judicial practice, due to the qualitative behavior of the private place to make a number of analytical problems.Finally, the paper describes the punishment of the crime of releasing the person held in custody without authorization, mainly on the assurance about the terms of "serious circumstances", "the circumstances are especially serious" .