The Research On Sheltered Crimes

Our country "Criminal law" had stipulated two allow to stay the crime, respectively is "Criminal law" 354th allows to stay other people taking drugs crime, "Criminal law" 359th allows to stay the prostitution crime. Allows to stay other people taking drugs crime, is refers to for other people slurps, the injection narcotics to provide the place the behavior. Allows to stay the prostitution crime is refers to permits other people provides the place in own management place prostitution or for other people prostitution the behavior. In recent years, as a result of our country economy's rapidly expand, living standards' enhancement, took drugs, phenomena and so on prostitution patronizing prostitutes to be getting more and more serious, takes drugs, prostitution patronizing prostitutes to be able to involve the appearance question, if took drugs, the prostitution patronizing prostitutes behavior to occur in own place, certainly did not constitute the crime. If provides the place by other people to take drugs, prostitution patronizing prostitutes for the human, this has the possibility to involve to the crime question. Our country the criminal code in 1979 set up has allowed to stay the prostitution crime, the criminal code in 1997 revised when continued to retain this charge; Allows to stay other people taking drugs crime is the charge which the criminal code in 1997 revises supposes stylishly. Because in the original judicial practice bumps into to this kind of case are quite few, the research person are quite few, moreover also does not have the releasing corresponding judicial interpretation or the law is suitable and so on aspect stipulations. Recently several years, along with this kind of case's yearly increasing, the different case had the different situation, because lack the concrete operating provision, to some new question new situation, presented the different opinion, the different processing method. These questions mainly have: For instance in the main body aspect, the special person allows to stay the question, including the poisonous friend, the prostitution female allows to stay mutually whether to constitute the crime; Whether the unit does constitute the crime and so on; In the subjective aspect, recognizes the question intentionally including the subjective evidence, indirect can constitute and so on intentionally; In objective aspect, specific place question, including rental car on whether to constitute; Acts as lookout, provides the special goods the help behavior to recognize the question; Also has other questions, including accomplished offense standard question, joint offense question and so on. These question existence, if cannot obtain very good processing, will affect and hinders the judicature to handle a case, also will create not fairly. The author himself is engaged in the judicial practice work, writes this article the goal is the question which already bumped into from the judicial practice or possibly bumps into embarks, analyzes the different viewpoint, proposed that own opinion, hoped handles a case the practice to the judicature to have the profit.