Research On The Problem Of Helping The Delinquency Of Behavior As Principal Offender

The purpose of helping the principal offender to change into a special formulation of criminal law is to adapt to the social development and solve the new situation and new problems in the current judicial practice.In terms of the conviction condition,it is no longer necessary to abide by the accessory attribute theory of complicity.In terms of sentencing standards,it is no longer necessary to apply the general provisions on the punishment of accessory offenders,but to apply the specific provisions on the legalization of the assistance act.This article focuses on China's present criminal law to help the behavior crime in-depth review analysis.At the same time,combining with the criminal law amendment nine the latest supplementary provisions of the relevant legislative reasons of the crime types and the emergence of new charges,reference to similar charges in the specific provisions of criminal law,systematically summarizes their common characteristics,general rules,and for the existing problems of controversy and explore to improve.The research content of this paper is divided into four parts:In the first chapter of the text,starting from the controversial focus of different scholars on the positive and negative aspects of the principal criminal assistance,an initial understanding of the principal criminal assistance was established through understanding the research status and background of all parties in the academic world.After confirming the significance of the study on the crime of helping behavior,the thesis of the thesis was selected,and then the research ideas and methods of the thesis were constructed through the collection and collation of relevant works and periodicals,such as helping crime,joint crime,and the crime of helping behavior.The second chapter of the text starts with the definition of helping behavior,discusses the real meaning of helping behavior's principal criminalization and explains the connotation of helping behavior from three aspects with the emphasis on the connection and difference between the principal criminal and the accomplice,so as to obtain the definition of helping behavior's principal criminalization in the broad sense and in the narrow sense.This paper summarizes the four characteristics of the principal crime of helping behavior from the broad concept analysis,that is,legal character,object character,system character and preposition of legal interest protection.In the last part of this chapter,it introduces the necessity of the criminal policy and legislation trend of the help behavior and takes the illegality principle of the help behavior as the rational basis of its crime.The third chapter of the text mainly analyzes the obstacles in legislation and judicature of the help behavior in our country.Although China has already established the legislation mode of helping the principal criminal of the act,there are still some deficiencies in the legislation concept and explicit behavior stereotype.For the defects in these two aspects,the author analyzes the causes and the possible serious consequences,so as to gain the attention of the legislator.This paper analyzes the problems in the application of judicature of the principal offender of helping behavior,which are mainly distributed in three aspects:the confusion of the crime system,the dilemma of subjective knowingly identifying content and the uncertainty of the punishable nature of indirect helping behavior.In chapter four,the emphasis of this chapter is to put forward some exploratory suggestions on improving the legislation and judicial practice of helping the principal offender.On the one hand,the author suggests that the crime of aiding the principal crime should adhere to the principle of modesty and restraining of criminal law.On the other hand,it is proposed to set clear standards for the confusion of charges.By elaborating the content of subjective identification and integrating the cause of indirect helping behavior,the author thinks about the limitation of the application of judicature in the principal crime of helping behavior.Realizing the organic unity of the legislation and judicature of helping the principal offender,which not only protects the legitimate rights and interests of the helper,but also doesn't indulge the criminals,has important significance in theory and practice:From the theoretical basis,helping the crime of complicity is the inevitable result of distinguishing between the two.It does not negate the subordination of the accomplice,subverts the traditional joint crime system,but helps to link up the relationship between the "principal crime" and "assist crime",and solves the penal punishment problems of some extremely harmful helping behaviors.In some cases,the extreme harmfulness of the helping behavior is not necessarily less than the principal criminal behavior.If the crime of helping the great harm to the society is punished only by helping the criminal,it may lead to the violation of the principle of appropriate punishment.After the principal crime of helping the crime,the fact of the independent constitution of the crime and the qualitative,more conducive to combat such criminal behavior.In order to meet the reasonable demand of protecting law interests,it is more helpful for judicature practice to confirm the crime from the view of practical value.With the normalization of helping behavior to legal interest infringement,based on the legitimate demand of social defense,the criminal law should strictly punish those helping behaviors that cause legal interest infringement.Therefore,the legislation of helping behavior separately complies with the requirements of social development,and appropriately punishes according to the magnitude of its harmfulness,and achieves the heavy punishment of felonies and light punishment of misdemeanors,and reduces the difficulty for the judicial authorities to provide evidence.Finally,improve the benchmark of the rule of law by helping the principal offender,the people of education abide by the law,respect the law,uphold the law,and be law-abiding.