Research Of Article362of Criminal Law

I have been involved in the research of "crime of sex-gamble-drug" since Ientered the university. After the public of <the introduction of drug crime>, I focusedon the crime of porn offense. During the process of gathering material and readinginformation, the362of the Criminal Code caught my eyes, I eventually identified it asthe title of the thesis.362of PRC criminal law is an article without independent charge, which evenmany people do not know. You can search barely little article in CNKI when you type"362of PRC criminal law", still you can find nothing in almost all classic textbooksof criminal law. The reason is that most textbook system is arranged by charge but notarticle, while the article of362has no independent accusation. However, manyproblems occur in the judicial practice: first inconsistent charging, some charged asthe crime of harboring, some charged as the crime of shielding. Second the result ofreferencing article is chaos. The same behavior, some judiciaries quote362, somedirectly cite310, and some use both. By means of documentary, the methodology ofcomparison, the author started the comprehensive research: the first step is a greatamount of reading including provision、interpretation of code、legal fiction、provisionof attention and relational speculative knowledge. What was more,author used themethod of field survey, got the first-hand details of cases and ranged a great amountof cases. The third part is raising the problem. Based on the preparatory, author put forward my own views and tried my best to make it innovative and practical. Thepurpose of the article is not just for the theory but for the practice, to clear a littleconfusion.The first step of the article is to clear the accusation, then analyze the Legislativedefects of the article and discuss how to improve the current problem. The authorthinks that the article of362should be classified as310of PRC criminal law. In theview of this, the article analyses deeply behaviors of harboring and shielding todetermine the crime. Whether the subject of the crime is confined to the fourindustries? Whether "the unit personnel" is limited to the person whose name in theunit? Regarding the type of the charge, the article discusses its attribute (belongs tosimple indictment, stating indictment, citing indictment or blank indictment), what’smore, the article offers a new opinion about how to distinguish the four charges.About nature of the article, the article involves in legal fiction and provision ofattention to make the appropriate judgment. Still, the article discusses the link anddifference between the article and other similar articles, such as the difference of"divulge secret information" between article of417and362, and the meaning of"serious circumstances" of the article of310and362. On the problem ofimprovement, the article recommends three ways: removing the two words from thearticle; setting independent legally-prescribed punishment; totally deleting thisarticle from the PRC criminal law. Choose the best one after comparison which aimsto offering unambiguous guide and achieving fairness.