Research Practice Controversial Issues Of Helping Criminals Escape Punishment Crime

The crime of helping criminals to avoid punishment is the new increase in1997on charges of criminal law provisions in the Penal Code section417. Since the provisions of the Criminal Code does not explicitly express guilt, there is no judicial interpretation replenish perfect understanding of the differences between the effects of the crime on its application. This paper attempts to analyze the practice of research to help criminals to avoid punishment of sin contentious issues, hoping to provide a reference for the theory and judicial practice of this crime.Apart from the introduction and conclusion, is divided into three parts:The first part of the case with four solid leads to help criminals to avoid punishment controversial practice sin problem.The second part of a detailed analysis of the crime of helping criminals to avoid punishment practice controversial issue. This part is the main part of this paper, the main contentious issues from practice constitutive elements of crime, crime patterns controversial practice problems and practice boundary disputes with other counts three aspects to elaborate in detail. First, the constitutive elements of crime areas, saying that "there is suppression of criminal activities responsibilities of state organs" includes two categories:one is the judicial officer, the other is taxation, industry and commerce, quality inspection, tobacco, culture, health and other law enforcement personnel and administrative inspectors. This way both as crimes, including omission. Perpetrator help criminals to avoid punishment must use its duties convenience."Escape punishment" including "impunity" and "reduce the punishment." The crime of "criminal elements" including violations of criminal law should be held criminally responsible, but who have not been on file for investigation, the suspect, accused and convicted persons. Secondly, the practice patterns of crime controversial issues analysis, that the perpetrator should be helping behavior is implemented to suppress criminal activities interfere with the judiciary was consummated standards. For several common forms of crime and crime finds that judicial interpretation has made clear that, in accordance with the execution can be. Finally, the judicial practice of favoritism crime and the crime is difficult to differentiate, to help forge evidence, corruption is not to criminal cases and limits of this crime briefly analyzed. Meanwhile, the four disputes will be introduced one by one at the beginning of this article Comment on these three issues discourse.The third part presents ideas to help solve the crime criminals escape punishment controversial issues and practices specific recommendations.