Research On Assisting Behavior Act As "Principal Offender"

As the breakthrough in criminal legislation in recent years,Assisting Behavior Act as "principal offender" tries to add independent accusation and criminal penalties to some helping behavior in criminal legislation and at the same time,no longer apply to the regulations on the assisting behavior crime in general rules of Criminal Law.From the legislation level,The 9th Amendment of Criminal Law sets new independent accusation and correspondent statutory sentence for those following behaviors,namely the behavior of helping terrorist activities,behavior of helping information network crime and behavior of funding illegal gathering.This considers as the largest scale of adding accusations on assisting behavior act.In fact,it aims to bring forward the protection of legal interest and expand the range of crime.' On the one hand,it reflects the new trying and trend of legislation in this area,and shows the strict side of criminal legislation of our country.On the other hand,because of the limitation on the accusation of this crime,it also shows prudent attitude toward's the legislation and application on Assisting Behavior Act as "principal offender".There are many arguments in the circles of law on this new legislation trend,such as the argument of affiliation theory and independent theory in the area of theoretical cycle,the argument of how to define,and the necessity of whether to limit such charges and so on.Based on this situation,this paper analyzes the legislation trends of Assisting Behavior Act as "principal offender" in following four chapters:The first chapter gives general introduction on the Assisting Behavior Act as"principal offender".The author of this paper,by introducing assisting behavior,crime of assisting behavior and the Assisting Behavior Act as "principal offender",analyzes the Assisting Behavior Act as "principal offender" step by step.And at the same time,the author of this paper introduces the absence and development of assisting behavior act as "principal offender" from the aspects of the theory of criminal law,criminal policy,the judicial practice,legislation practice and the current social situation.The second chapter analyzes the Criminal Law of our country,and makes further research on the Assisting Behavior Act as "principal offender".First,this chapter analyzes this new legislation trend from the legislative level.Second,this chapter analyzes the controversial theory of this new legislation trend.At last,the second chapter analyzes the legal risk of this change from the practical level.The third chapter further analyzes the Assisting Behavior Act as "principal offender" in the 9th Amendment of Criminal Law,and tries to abstract the mutual parts among different crimes,so as to bring advices for legislation and judicial practice.The forth chapter intends to raise corresponding suggestion for criminal legislation from three parts,which are insisting on the affiliation theory,narrowing the Assisting Behavior Act as "principal offender",and remaining careful attitude towards the expansion of the criminal law.What's more,this chapter tries to improve criminal legislation from four aspects to improve the Criminal Law's function of preventing some specific crimes,so as to safeguard the national security.