Study On Natures Of The Act Of Disguisesing Oneself As An Hostage In Order To Assiste The Suspect To Escape

There is varieties of differences in determining the nature of the act of disguisesing oneself as an hostage in order to assiste the suspect to escape. Dedining the abovementioned behavior is the primise of qualitative study of this behavior. We should introduce and analyse the existing controversial opinions on the base of the accurate definition, and then put forward judicial standard determining the nature of the act of disguisesing oneself as an hostage in order to assiste the suspect to escape.The intension of the act of disguisesing oneself as an hostage in order to assiste the suspect to escape includes three parts:disguised hostage(pattern of act),the suspect(object of act), assisted escape(objective of act).From the type,takig whether there is conspirators to a crimesa between the actor and the suspect as an standard, the act can be regarded as conspirators before act and help after act; while, taking the crime the suspect commited as an standard, the act can be regarded as genegral object and special object.At present,about the definition of the act of disguisesing oneself as an hostage, there are mainly three contentious views namely: the saying of the Crime of Disrupting Public Service, the saying of the Crime of Sheltering, the saying of innocent.The suppotors of these sayings give their reasons from different points of view, but there are also defect, and we need to improve them.Next to that,there is not a view that this act is both the Crime of Disrupting Public Service and the Crime of Sheltering. Also this must be taken into consideration concerning accuracy.In order to determine the nature of the act of the disguisesing oneself as an hostage in order to assiste the suspect to escape accurately, we should have to make clear clarification of the theoretical issues, this is the base of determing the nature. The issues needed to be clarified include: the definition of “threatening behaviour” of the Crime of Disrupting Public Service, the pattern of act of the Crime of Sheltering, the leagle interests damaged by the act of disguisesing oneself as an hostage and the managing priciples of jointer of offense.Through the clarification of the above theoretical issues,concerning the act of disguisesing oneself as an hostage in order to assiste the suspect to escapewe can conclude the following: the behavior of the actor disguisesing himself as an hostage in order to assiste the suspect to escape complances with the actus reus of not only the Crime of Disrupting Public Service but also the Crime of Sheltering. At last according to the principle of cross relations in Law concurrence,the behavior of he actor should be regarded as the Crime of Sheltering.