Not As To Help Make That Research

Involved with the development of social economy,not as a help of the theory of case,and not for helping to make our country criminal law theory is not corresponding law,theoretical research is also one of the few.Stipulated in the criminal law system in our country to help make belongs to the general sense,helped make is to point to in contact with mean help behavior under the premise of the perpetrators,helping behavior generally divided into physical or psychological help,usually took the form of a help.Crime as a way to help with the damage to the law to protect the legal interests of criminal punishment can be the basis,is prohibitive obligation in violation of the law,and not to be as specific obligations and not for making a quilt.But not for helping make is not as the cross form of crime and joint crime,involving both the concept of nonfeasance crime,also involves the theory of joint crime.Not as wide to help make the need to explore,issues,and the current study is not perfect.Chan Mou rape case as an example,this paper intends to involve is not to be to help make the analysis of legal problems,including the as a duty,not as a help make leading behavior research,causal relationship and other issues,in order to help to solve such problems in the practice.The thesis is divided into four parts: the first part,the basic situation of the case.With dispute cases as the breakthrough point,this part introduces the specific details of a case and the main point of view,from the controversial views in teasing out the case of the focus of dispute:whether you need not to be to help make the establishment of the obligations as the premise,the cognizance of the leading behavior conditions,not as a result and the causation of,not as a help make confused with similar concepts,etc.The second part is the legal analysis of related problems.The analysis is carried out on the basis of duty and antecedent behavior.First of all,it is not the particularity of the establishment of the help offense,but the behavior that is not expected by the criminal law.In case the behavior of the Chan Mou is not for helping make,should first determine whether Chen has as a duty,is in line with the four sources as obligation,on the basis of the conditions and what can constitute a "as" in criminal law,this is our basic starting point of this problem.Through the argument,it is affirmed that the existence of duty is the precondition for determining not to be the help.It is clear that as an obligation it is not a position to help a crime,as a source of obligation.The violation of duty as an obligation determines the unlawfulness and is the key todemonstrate its criminal behavior.Therefore,the duty is to study not as the key issue to help the offender.And the definition of the leading behavior in the source of duty is the difficulty.By analyzing the characteristics and scope of antecedent behavior,this paper provides some theoretical reference for the judgment of antecedent behavior.The third part,the analysis and conclusion of this case.Through the carding and analysis of the related legal issues,reasoning,from the Chan Mou is as a duty,the behavior of the Chan Mou is belong to the leading behavior,causality between behavior and harmful result are provide accommodation and so on step by step analysis,this article conclusion,namely the Chan Mou just provide accommodation behavior,which cannot be identified as leading behavior,therefore no Chan Mou with prevent crime results as obligation,Chan Mou not constitute as a help.The fourth part,the enlightenment of this case study.Through the analysis of the Chan Mou rape case,to not be to help make that argument,the relevant legal issues,the author believes that our country should be explicitly stipulated in the criminal law system is not to be help make theory,and perfect as sources of obligation,hope to not be help make that provide certain theory reference,in the hope of providing theoretical basis for reasonable and lawful processing such crimes and to determine the basis,to better applied in judicial practice,so as to avoid on the cognizance of such crimes and dealing with different cases.