Research On Aiding Act As Principal Offender

Aiding act incriminates independently in a special legislation, while it should have been punished as the accomplice in the theory of joint crime. There are a lot of similar legislation in the criminal law of our country. This kind of legislation means the amendment and supplement to the evaluation system of the common crime, it will establish an independent component used as an alternative treatment under joint crime system. In a sense, the establishment of the new offenses has changed the relationship between the type of aiding act and the related offenses. Thus, it is necessary to study the legislation of aiding act as principal offender. The addition of crime of helping information network activities, crime of financing terrorist training and so on in newly Amendment of criminal law indicates that legislators started to legislate for aiding act independently and effectively for some reason. Through creating the new offenses of aiding act and explaining its connotation, we find out that the process of creating new offenses was controversial, and description of accusation was finer day by day, most legal sentence tends to light punishment and big difference, which means setting legal sentence independently to individual crime will achieve balance of sentence. Standing in theory of two dimensional unworthy behavior, aiding act in joint crime has independent illegality(relativity of illegality), so such legislation has rationality and feasibility, necessity is mainly based on protection of legal interests, requirements of criminal policy and so on. Even if legislation of aiding act as principal offender has reasonableness and legitimacy, but there are still some problems in the legislative process, there is some problem in legislative process, such as ignoring the difference between types of helping behavior, damaging harmony between new offenses and relative offenses in criminal law system. Mix the criminal law theory, legislation with judicial practice as far as possible, implement principle of legal interest protection and principles of criminal law in legislative process, avoid expanding punished range casually, to make sentence more balanced.