The Research Of Some Problems About The Crime Of Helping Criminals Escape From Punishment

The Crime of Helping Criminals Escape from Punishment is the new requirements of the Criminal Code offenses in 1997. At present there is not yet specific judicial interpretation rules for this crime in our country.This leads to deviation on grasping this crime in the judicial practice.In theory, there is also controversial for the cognizance and use of this crime.This paper will research some problems on this crime which are far more contentious in the current.The first part is the main part of this article. The author disscus some element of the crime:the criminal who commits this crime must be functionary of a State organ, the scope of responsibilities to investigate and prohibit criminals should be in strict accordance; Then definit“criminals” based on enough evidence, not based on the court judgment, and the criminal who give the help must use the convenience of his position; Objective elements in thoroughly discusses the embodiment of "help" behavior, think "help" behavior of this crime is not only actively adopt measures to help, also included negative inaction to help to escape punishment behavior, and help the object is not confined to the criminal himself, at the same time, the result of the "escape punishment" expounds in detail the concrete embodiment of thought "escape punishment" does not include "light penalty". The second part is some other theoretical problems of this crime, about helping type crime in the first place, put forward for ACTS committed this crime, the element does not affect its comparison with that point of view; Next to this crime and other existing legal concurrence charges were compared, and the applicable law is discussed. The third part quoted three controversial cases, elaborates how the main elements of this crime in the judicial practice, "using the duty convenience" and "escape punishment". The fourth part of this crime sentencing put forward some personal opinions, according to the present this crime in criminal law of "serious" did not make clear provisions of the present situation, put forward can be reference for other help crime for sentencing.In this paper, the methods of comparative analysis, case study, through the two aspects of theory and judicial specifically discuss about the difficult points and controversy of this crime, to have more reference value to the judicial practice.