The Research Of Judicial Hard Problem Of Harboring, Tolerating The Organized Crime Nature Organization Crime

Our country present criminal law 294th 4th section had stipulated"the harbor, tolerates the organized crime nature organization crime", but concerns this crime's main body whether can organize the member and the subjective aspect for the non-organized crime nature"knew perfectly well"the related question has existed disputed, also brings certain puzzle for the judicial practice work. Therefore, the research harbor, tolerates the organized crime nature organization crime related judicature hard problem to have the significant significance. Theory significance: Promotion organized crime nature organization crime fundamental research further deepening; Strengthens discipline and so on criminology, penology overlapping fusions, the promotion criminal activity integration. Practice significance: Effective prevention organized crime nature organization crime, safeguard society harmonious stable; A better advancement hits eliminates the wicked work black, fulfills legally, fairly, civilized, the highly effective sunlight trial, does not vertical, treats the symptoms and the causes not in vain, the instruction organized crime nature organization crime determines guilt the discretion of punishment judicial practice; Promotes struggle against corruption's thorough advancement, maintains the public authority honest and the male letter.The full text besides the introduction, is divided six chapters.The first part: The harbor, tolerates the organized crime nature organization crime the legislative stipulation and the concept limits. First introduced that the overseas related harbor, tolerates the organized crime crime the legislative situation, pointed out again our country in 1979 criminal law whether to have regarding this involves, in 1997 the new criminal law about the harbor, tolerated the organized crime nature organization crime the stipulation, as well as "Criminal law Bill for amendment (Eight)" newest indication. Then limits"organized crime"and"organized crime nature organization"definition. Finally the introduction related"the harbor"and"tolerates"the behavior definition,"the harbor"is refers to the state personnels to cause the organized crime nature organization and the member evades forbids, but discloses secret information, the concealment, the deconstruction, the forge evidence, prevent other people to testify, the reporting exposure, to incite other people to perjury, helps to abscond, or obstructs other state personnels to forbid and so on behaviors legally. "tolerates"is refers to the state personnels to fulfill the responsibility not legally, indulges the organized crime nature organization to carry on the illegal criminal activity the behavior.The second part: The harbor, tolerates the organized crime nature organization crime main body the judicature to recognize. Current our country covers up, tolerates the organized crime nature organization crime the present situation inspection.The related this crime main body's question mainly concentrates in the main body whether can organize the member for the non-organized crime nature. To the organized crime nature organization crime's characteristic understanding's foundation, unifies the related explanation which National People's Congress member the office does, obtains the harbor, to tolerate the organized crime nature organization crime the main body scope including not to organize the member as the organized crime nature the state personnels' conclusion.The third part: The harbor, tolerates the organized crime nature organization crime subjective aspect the judicature to recognize. Is mainly this crime crime understanding factor intentionally"knew perfectly well"the related question has the theory dispute and the judicature is difficult. Has the following three aspect content specifically: Wants"to know perfectly well";"knows perfectly well"content and degree;"knows perfectly well"recognizing. The article believed that in the harbor, tolerates in the organized crime nature organization crime, proved that the author"knew perfectly well"the content is in the topic should have righteousness, conforms to the hosts and visitors to observe a person's face the unification principle. The author to its covers up the object which, tolerates is the organized crime nature organization"knows perfectly well", may also be knew truly covers up the object which, tolerates is the organized crime nature organization, may also be possibly knew that it is the organized crime nature organization. Proved that the author to covers up the object which, tolerates whether is the organized crime nature organization"knows perfectly well", may to its cover up the organization situation understanding degree which from the author, tolerate, with organizes member's relational close degree, and this organization implements illegal criminal activity number of times, nature, behavior and so on various fact, comprehensive consideration.The fourth part: The harbor, tolerates the organized crime nature organization crime other questions. The crime with the non-crime's boundary, is mainly makes a clear distinction between this crime with the boundary which knows the circumstances of the matter does not lift; This crime with being derelict crime's boundary, covers up, tolerates the organized crime nature organization crime is the intentional offense, the being derelict crime is the reckless crime, is both essence difference; This crime and the harbor crime's comparison, both's criminal object, the objective aspect, the main body have the difference.