On The Help Made

Common crime is a kind of special crime appearance, which in the penal code realm always is the scholars concern of point. The research about help makes the in very few in sino-foreign joint criminal theory. Because there are many help to make in judicial Practice, this text takes common crime theories as foundation, and drew lessons from complicity theory of mainland nation. The text studys concept, establish and the punishment of help offender.First part of this text takes common crime theories as foundation. Analyze definition of help offender. Put forward the concept of help offender.The second part of the text said that the condition of common offender for establish must be take the existence of the execution offender for promise. The text analyze subjective important item with the objective important item .Talk about the cause and effect relation problem and unilateral problem of help offender. There is a cause and effect relation between help offender and the execution offender. Unilateral help offender have social bane. We should get solution from making laws.At the third part of the text, classify the help offender according to Germany penal code and Japanese penal code. Divide the line for the different type according to the different standard: physical help offender and spirit help offender, before the event Help offender, in the event help offender and after the event help offender; BE not make person; indirect help offender and BE not make; inherit help offender.The fourth part of text makes distinction of help offender and related accomplice of common crime. Elaborate to hope breeze behavior. The text talks about the relation of Help offender and the identity offender.At last Compared the punishment of all countries law making Help offender, put forward that our punishment to help offender must reduce.