Research On The Help Behavior Of Crime In Our Criminal Law

On the basis of the theory of joint crime, the conviction of behavior that committing a crime to provide material or spiritual support for others,depends on the nature of the help, the sentencing in accordance with an accessory given a lighter or mitigated punishment or be exempted from punishment. However, in the specific provisions of criminal law of our country is set certain help behavior and configuration independent legal sentence on charges of independent, such as assist in organizing prostitution charges, introducing bribery, funding criminal activities endangering state security crimes. So, the help behavior is out of the criterions for the conviction of crime, thus we can fight crime more conducive. This phenomenon is "helping behavior become principal offender's behavior" in criminal law of our country. But this kind of special legislation phenomenon inevitably can cause impact to the traditional criminal law theory of joint crime, and may expand the scope of the power of criminal penalty. Therefore, i think that it is necessary for the legislation on the special phenomenon of more in-depth discussion and analysis. The article is divided into four parts except introduction.The first part is theoretical definition of “the helping behavior become principal offender's behavior”. Not all help behavior can be involved in the criminal law of evaluation, so the first thing to clearly defined as on helping behavior. Helping behavior must be a behavior that have direct or indirect infringement risk to crime law. Clearing the scope of helping behavior, and analysising the pros and cons of many related behavior crime concept of, then we can conclude that the concept of helping behavior crime is that the helping behavior can be punished as a abettor become the principal offender's behavior, providing independent crime and legal punishment.The second part is the basis and value of “the helping behavior become principal offender's behavior”. Helping behavior crime has legitimacy and rationality, so it must have a solid theoretical foundation to deal with opponents. Helping behavior crime theory lies in two aspects.Firstly,the development of theory that distinguish principal offender and abettor show the fact that the distinction between them becomes more and more fuzzy, even some helping behavior of legal interests violation risk is much higher than principal offender's behavior, especially in cyber crime.If there is no technical network help behavior, the practice of subsequent behavior is hard to happen, so help behavior crime will not produce the theoretical controversy. Therefore help behavior crime is the result of the crime, distinguish accomplice theory's development. Second, helping behavior itself has illegality so that helping behavior crime has legitimacy. In this section, i introduce the behavior of binary useless theory to illustrate the essence of helping behavior illegality is on the basis of its profit violation in violation of norms. Help behavior crime is not only a legal, back to our society has brought great practical value. First of all, help behavior crime response positive general prevention, is under criminal law dealing with the risk society the embodiment of legal interests protection front. Secondly, help behavior crime and criminal policy of tempering justice with mercy concrete application, is the unity of the criminal defense function of protecting human rights and social.The third part inspection help behavior crime legislation and judicial practice. Now that certainly help behavior of making positive, so should be combined with its effect in practice to analyze. Will exist in the specific provisions of criminal law in this part of helping behavior crime classified as five types: financing behavior, illegal behavior, behavior, to assist the behavior, shelter behavior. And these five kinds of behavior crime after analyzing effect, on the basis of the comprehensive help behavior crime has played a positive role in practice, will help the behavior of the normalized to crime regulation, complied with, is conducive to the stability of the society. But due to help behavior crime after typing is not clear, cause it could abuse by lawmakers and the judicial, infringing upon the citizen's fundamental freedoms. Therefore, must be sure to help behavior on the basis of positive significance to prevent the abuse of the power of criminal penalty.The fourth part is to help the behavior crime perfect recommendations. On legislation, first of all, must be based on the principle of tolerance in criminal law will help behavior crime limit in high-risk areas like, secondly according to the principles of criminal law clarity further enhance typed help behavior. On the judicial interpretation, must be narrowed the judicial interpretation of space, prevent help behavior crime is changed into the expansion of state power tools.