Helping Behavior "Principal Offender" Research

Helping behavior "principal offender" of research was a theoretical study of criminal law in the field of very few people involved, it does not belong to a minor common crime theory, but inseparable from the theoretical basis of common crime. We all know that under normal circumstances, the criminal theory of helping behavior to be evaluated are set to incriminate the offender behavior qualitatively in the framework of the principle of common crime, making charges related to committing acts constituting, then according to this helping behavior in the crime played a role in the size, extent of harm caused to their circumstances sentencing. As a simple example, say, A and B two accomplices theft, theft A to B implementation lookout behavior, thereby B smooth realization of the purpose of theft. Helping behavior in this case which, according to the theory of common crime, theft and B constitute complicity armor belonging to the offender in the crime of theft, theft Perpetrator is B, although A and B are true theft, but both differences exist on penalties, in accordance with the Criminal Law a General(Criminal Law Article 27) shall be punished, and B are in accordance with the criminal law shall be punished. This model finds application in judicial practice is more normal.However, by observation of the recent amendments to the criminal law and criminal law division, we can see an interesting phenomenon: the increasing number of new legislators separate charges. For example, just revised "Criminal Law Amendment(nine)" adds two similar charges: one is the "help information network crime and criminal activities," the other is "illegal gatherings funded crime" and "punishment nine" new revised charges help of terrorist crimes; and "Criminal Law amendment(seven)" additional charges: providing intrusion, illegal control of the computer information systems programs, tools, crime and so on. Upon closer observation we find that these charges have a common characteristic: from the point of view of these behaviors crime itself belongs to the category of helping behavior, that such acts contained in helping behavior connotation, even if a crime is dependent behavior of the corresponding principal offender convicted and punished, but it happens legislators out separately defined as a crime and to set up an independent legal punishment. Article I will help this phenomenon referred to as acts of "committing" of, and summarizes its specific meaning. Helping behavior "of committing" refers to the legislator in criminal law in certain behavior to help complete a separate provision for the charges to fixed mode from common crime independent individually assessed, let’s help with the committing acts treated equally and given the same legal effect. These new additions help make these offenses increased by way of direct acts of committing acts of legislation, which would change a lot: helping behavior after committing of criminal law found to help conduct constitutes an offense will no longer comply with committing acts constitute a crime of the premise; the judiciary is no longer discretionary penalty sentencing in accordance with the provisions of the General Penal Code, but directly on the basis of the specific content of sub-punishment. For this special nature of the legislation, many people think that this breakthrough legislation through said common crime theory-accomplice from the property principle, undermine the unity and harmony between the norms of criminal law general principle and not worth advocating for this objection. Because, according to the joint criminal complicity can be evaluated from the principle of subsidiarity, such practices not only undermine the general principles of criminal law general provisions on common crime, but also contrary to the principles of the Criminal Law. However, I did not agree with the above viewpoint, the author of the text for this question sounds a detailed and reasonable explanation and infer its existence legitimacy and rationality provide legal support.The purpose of this study is: Based on similar provisions in the Criminal Law on charges of systematic examination on induction, summed up their common characteristics, the general rule, and to seek such legislation phenomenon rationality and legitimacy of the legal basis reality examine the actual situation in judicial practice applicable, identify shortcomings, in order to put forward their own proposals as an opportunity to provide a sound strategy for the future of criminal legislation. Opinions or conclusions of the study results are: helping behavior "principal offender" as legislators aimed at combating crime, criminal regulation to expand the scope of the general function of criminal law plays an active crime prevention, protection of exploration and try a path of Criminal Law provided on. Helping behavior "principal offender" of the legislation is a technology worth learning, it might evolve into a kind of legislative model of criminal law value. Introduction The contents of the text removed altogether is divided into four parts, the first section briefly describes the helping behavior "principal offender" of the relevant theoretical concepts; the second part systematically sort out and analyze similar charges against the provisions of criminal law; and third section demonstrates the legal basis and the need to study existing objects; the fourth part of the second part of this phenomenon on the legislation applicable judicial issues put forward their own four-point improvement recommendations.The method of this study include literature review, comparison, observation, induction.