Research On Act Of Assistance In The Sense Of Criminal Law

Act of assistance in the sense of criminal law belongs to the participation behavior ofjoint crime, acting as a kind of common type scattered among various counts of criminal law.In the theory of criminal low, act of assistance is generally analyzed as objective aspect ofabettor, but not researched globally and systematically The diversification of act of assistance,also showing in ordinary life, making it having some figured difficulty in judicial practice.Hence it is of great necessity to sort and analyze the act of assistance comprehensively andsystematically. This article consists of the following components:The first part, the basic definition of act of assistance in the sense of criminal law. Firstof all, distinguish between act of assistance in general and act of assistance in the sense ofcriminal law. This article analyze act of assistance systematically based on the perspective ofcriminal law. Secondly, make comparative analysis of conceptions of act of assistance in thesense of criminal law. Distinguish between generalized act of assistance in the sense ofcriminal law and narrow act of assistance in the sense of criminal law. Define its scopescientifically and rationally,making a boundary for it and its related concepts like abettor,implement behavior and abetting act on the connotation and denotation, which provide alogical starting point for comprehensively analysis and research of the following article.Finally, make a simple analysis of the type and characteristics of act of assistance. Under thepremise of the concept is determined, understand the characteristics of act of assistance deeply.In this article, it is important to emphasize on distinguishing between act of assistance in jointcrimes and act of assistance recognized as a separate crime according to different evaluationresults. It is also a prerequisite for the analysis of the following section.The second part, the theoretical basis of incriminating of act of assistance. This sectionis intended to go further from the theoretical analysis of incrimination of act of assistance andthe theoretical basis of incriminating, and establish specific criteria about incrimination of actof assistance from the micro to specific level. By Type, at first, analyze the theoretical basis ofincriminating of act of assistance in joint crimes. Investigate accomplice penalties basistheory and Combine with our legislative model of joint crimes, analyze and demonstrate therationality of the causal theory of accomplice. Then, comb acts of assistance recognized as aseparate crime in criminal law and demonstrate rationality, mainly based on the protection oflegal interests in advance, the requirement of criminal policy and so on. At last, identify the specific criteria about incrimination of act of assistance. Require unity of subjective andobjective. Analyze causality of act of assistance by using cases according to the basic theory.The third part, examine justice issues of act of assistance in the sense of criminal law.After the comprehensive and systematical research on the theory of act of assistance, analyzethe problems of act of assistance in the sense of criminal law existing in judicial practice.Focus on the punishment of neutral act of assistance, that is if the punishment of the specificneutral act of assistance in the judicial practice needed,and what is the criterion ofpunishment. Qualitative issues about act of assistance in the implementation. Scholars havedifferent opinions on the qualitative of act of assistance occurred in the process ofimplementing, which is also the problem in practice. Distinguish between help crime andassociated with the offense in joint crimes. Focus on the analysis of assisting in theorganization of prostitution crimes and introduction briberyThe fourth part, the way to solve the problem of act of assistance in the sense of criminallaw. Based on the investigation of the act of assistance in the sense of criminal law combinedwith the previous theory, propose the solution to the problem of the last part, confirm theestablishment of the comprehensive criteria to the incriminating of act of assistance, and thequalitative criteria about act of assistance in the implementation, lookout act as an example.And define the criteria to the help crime and associated with the offense in joint crimes,assisting in the organization of prostitution crimes and introduction bribery as the example.