Research On The Crime Of Harboring And Shielding

Crime of harboring (CH) and crime of shielding(CS) had a long history incriminal law, and it is relatively perfect to now. However, there are still someomissions. Based on the introduction of the legislative reform of CH and CS both inhome and abroad, and through the analysis of component parts of the crime, alsocombined the related legal theory with advanced legislative experience, this thesisaimed to propose my humble opinion in controversial questions of theory circles. Thisthesis consists six parts, namely, foreword, overview of CH and CS, principal part andsubjective aspect of CH and CS, objective aspect of CH and CS, expert testimony ofCH and CS, and conclusion.The foreword part give an overview of CH and CS, and propose the importanceof studying the crime, and put forward to the key point, difficult point and creativepoint in research of this thesis.Chapter one give an overview of CH and CS. And through the introduction ofhistory reform in our country and legislation abroad about CH and CS, thus to have aoverall understanding of developmental process of the crime.Chapter two mainly divided into two parts, namely, principal part and subjectiveaspect of CS. Among them in the section of principal part, this thesis through theunderstanding of active legislation and combination of difficult questions encounteredin the juridical practice, to discuss the question of whether three kinds of people,namely, relatives, the victim, and the unit, should be the principal part, and toapproach the situation of joint crime of CH and CS. And in the section of subjectiveaspect, this thesis give a sketch of the recognition mistake and subjective state of thedoer.Chapter three is the objective aspect of CH and CS, expounding separately of theharboring behaviour and shield behaviour and object of crime. Among them in thesection of harboring behaviour, the thesis discussed the relationship of "to providehidden place and to hide property" and "to help to escape and hide" in the law to clearand definite the confines of harboring behaviour, and based on it, this thesis try toanalyse the types of harboring behaviour. After solving the problem of harboringbehaviour’s types, the thesis gives its own understanding of the word "place" in "toprovide hidden place", and also propose its own opinion in harboring time. In the section of shielding behaviour, the thesis propose its own opinion in the the differentunderstanding both in broad and narrow sense of this behaviour existed in practice,and expound further the meaning of "to provide false evidence to shielding". In thelast section of this chapter, namely, object of crime in CH and CS. The thesis firstintroduce the legislation article of the object of Crime in CH and CS in variouscountries, then put forward to disputes of three different thoeries, and at last point outthe existed questions in juridical practice.Chapter four is the judicial determination of CH and CS. CH and CS and othercrime have a relationship of concurrence or other relationships. Therefore, this thesisdiscussed the boundary of the crime of CH and CS and non-crime, this crime and thatcrime, and it also discussed the quantity of crime at last. Among them in the section ofthe quantity of crime, it mainly discussed in the aspect of the13th proviso in criminallaw. In the section of this crime and that crime, it discussed in four aspects, namely,crime of harboring and crime of shielding, crime of shielding and crime of perjury,crime of shielding and crime of helping to destory and fabricate proof, crime ofshielding and crime of breaking the law for selfish ends. In the last section, namelythe determination of the quantity of crime, it mainly discussed the law concurrence ofCH and CS, and it also discussed one crime and several crimes.