The Analysis Of Legal Application Of Harboring Shielding

Our country criminal law 310th stipulation" knowing is the crime person provides a hiding place, property, to help them escape or falsifying evidence" for harboring, shielding shall be convicted and punished. The mutual harboring, shielding how that is not clearly defined, nor the related judicial interpretations can be applied. It is understood, in practice, some courts for harboring, to cover up the crime to punishment, some courts that do not constitute a crime, the cognizance of A. The law said that the harboring, shielding the does not constitute a crime, but not in the authoritative writings explain the reason, is not knowing why it is so. This paper chooses Zhou Xiaoqin, Huang Bo, Zhang Chengbing three case, directed against the three person would constitute harboring, crime of shielding controversy, attempts from the theory of anticipated possibility to explore the mutual, harboring, shielding why does not constitute a crime. This paper first introduces the theory of anticipated possibility of produce, thrust, the judgment standard and scope of application, examine the applicability of the theory of anticipated possibility of harboring, shielding the behavior of different views and opinions. China's criminal law, Professor Zhou Guangquan argue the harboring, shielding does not constitute a crime, Professor Zhang Mingkai puts forward " if specifically to make the escape legal and harboring, harbor, established the crime; conversely, if for me or for me also for the evasion of liability and I hid, shielding the, it should not be identified as crime. However, if you knew the other committed other crimes, protecting and harboring the, shall be deemed to be harboring a cover-up". This paper adopts the view of Professor Zhang Mingkai. Based on the three specific cases analysis, in order to human behavior standard, combined with the general standard and the interests of the state standards, judging Zhou Xiaoqin, Huang Bo, Zhang Chengbing, harboring cover-up is expected, to explore different circumstances the harboring the establishment of crime. According to the theory of anticipated possibility, draw on the advantages and avoid disadvantages is a human instinct, after the crime, crime disguised escape is a human instinct, not to look not to disguise, escape behavior. In general, the have a common defense interests, for the benefit is my interest, so common among inmates of harboring, cover-up no expectations, no crime is constituted. The harboring, shielding the other committed other crimes were prisoners, because they only part of the common defense interests, harboring, shielding accomplice in the preservation of their own interests, but also save the beyond the scope of interests, its behavior is expected possibility is reduced, is not entirely without possibility of expectation, to this kind of behavior should be identified establishment of harboring, shielding crime, because it involves its own interests, so the punishment can be considered lighter.