Analysis Of The Difficulties Of The Crime Of Shielding

The criminal law of our country,310,stipulates the crime of harbouring and protecting: "knowing that it is the person who commits a crime,providing it with hidden premises,property,and helping it abscond or falsifying the act of covering up." Because of its legal language is simple,change and lack of judicial interpretation of criminal law chapter other charges of guidance,so an influential academic disputes,this thesis discusses the emphasis and difficulty of the debate.First chapter for the criminal object,that object of crime should follow the principle of court trial basis,but at the same time to expand the explanation,as long as the judicial organs after contact with the criminal suspect has been included in the crime of concealing the murder of criminal object,criminal suspects to the trial was identified as innocent,because shield people openly challenge of judicial authority behavior is considered as the crime of concealing the murder,but in the judicial authority contact before implementing crime,shall have the right punishment blank period and not as criminal object of crime of concealing the murder.After the left,juvenile delinquency is considered to be an illegal level rather than a criminal offense,so it is also a cover-up.Third chapter focusing on the crime of concealing the murder into crime subject,for this,the lawyer,close relatives shielding behavior,because each has its instinct,law,the meaning of traditional ethics,and other crime subject to generalize and no practical significance,even perverse,so should not be considered a crime or to a certain degree of restriction.The fourth chapter,from the perspective of joint crime,the key to solve two problems: the cognizance of the prior conspires and the significance of one-sided perpetrators,finally draw the conclusion: prior conspires evolved from Germany's criminal law complicity accomplice,and the crime of concealing the murder is not one-sided perpetrators conclusions.