Research On Issues Of The Involved Offender In China

The involved offender is a criminal behavior conducted by thehandelnde,which obstructs justice activities and shall be punished.The handelndedoes not conspired before crime of original offender acts,but deliberately in avariety of ways to help,shield or cover offender thereafter.The involved offenderexisting in many countries as well as in modern China,derives from lianzuowhich is a criminal punishment in ancient China criminal system.Generally, it isclassified as a separate offense by criminal legislation and criminal law theory.Even though the involved offender is a kind of separate crime committed by theoriginal offender,it differs from the original offender,is also different from thegeneral accomplice,the abettors,the help offenders and the correspondence offense.Relatively speaking,the involved offender have accusation legalization,itsstipulation,behavior afterwards,subjective knowing and the facilitativecharacteristics to original offender.China s current Criminal Law provides theinvolved offender as a separate offense with corresponding charges and a variety ofmodels.However,there are some disadvantages existing in the legislative mode,theform of division,statutory penalties,etc.The disadvantages reflecting in legalpractice are that the scope of punishment is too large,and different standards exist.Therefore,it is necessary to develop a corresponding legislative mode based onspecific cases,fixing the involved offender into the provision of obstruction ofjustice among criminal law.It also suggests that standard of convict andpunishment shall be unified and the system providing for the situation that defenseconstitutes a meritorious by exposing the involved offender shall be made clear.