The Crime Of Harboring Drug Criminals Determination And Legislative

Crime of harboring criminal of narcotic drugs to establish is from the " Anti-drugs Decisions " Article 4. On the basis of "Decision" ,the crime of harboring criminal of narcotic drugs was setted in 1997 Criminal Law, then the crime of harboring criminal of narcotic drugs was first established as an independent offense in the Criminal Code after separated from such acts of harboring and shielding. Although the crime of harboring criminal of narcotic drugs have been in existence for 20 years, but whether in criminal law theory or in judicial practice, there are some unclear understanding and controversy about the crime, hindering its specific application.With the help of Fan Zhiwen and Guan Dawei harboring criminal of narcotic drugs criminals and favoritism case, this text commences many a few problems to this offense by case study method, then combining our county's actual circumstance to elaborate related speculation of crime of harboring criminal of narcotic drugs, to help the theory of the crime and judicial practice. The full text is divided into six parts:PartⅠ:the case brief. Fan Zhiwen and Guan Dawei harboring criminal of narcotic drugs criminals and favoritism casePartⅡ:the case. The article describes the Process of Zhiwen and Guan Dawei harboring criminal of narcotic drugs criminals and favoritism.PartⅢ:focus of the case. Surrounding the results of this case, practitioners and theorists in the application of the law there are two aspects of the focus of debate: Firstly, Did Fan Zhiqiu Constitute the crime of harboring criminal of narcotic drugs accomplice (instigator).Secondly, Guan Dawei should be sentenced to the crime of harboring criminal of narcotic drugs or the crime of favoritism or Innocence?PartⅣ: analysis of argument. This section is starting from the development and concept of the crime of harboring drug criminals followed by the analysis of the issues about the crime with clearly stating their reason and basis such as how to understand Paragraph 2 of this crime, how to identify the personal instigator, etc. And the text compared between the crime of harboring criminal of narcotic drugs and the crime of harboring and shielding and the crime of cover-based favoritism. The biggest difference between the crime of harboring criminal of narcotic drugs and the crime of harboring, and shielding is the objects that the criminal offense. the differences between the crime of harboring criminal of narcotic drugs and the crime of cover-based favoritism are the subject of crime, subjective aspect of crime, criminal object, objective aspect of crime, etc.PartⅤ:Conclusion. Guan Dawei's behavior should be sentenced for the crime of harboring criminal of narcotic drugs. The court's decision was not fully comply with the law and is contrary to the principle of legality. And Fan Zhiqiu didn't constitute the crime of harboring criminal of narcotic drugs'instigator. This is in line with the basic theory of our criminal law, but also embodies the spirit of China's current criminal law legislation.PartⅥ: legislative defects and proposals of the crime of harboring criminal of narcotic drugs. This part focuses on the analysis of the defects of the crime of harboring criminal of narcotic drugs in the legislation. It lacks of the basis and significance as a special provision. Lastly, the text put forward the relevant legislative proposals based on judicial practice, meaning that the crime of harboring criminal of narcotic drugs being re-classified as the crime of harboring and concealing and establish a separate crime called the crime of anti-drug personnel harboring and concealing criminal of narcotic drugs in the chapter of the crime of dereliction of duty.