Research On The Criminalization Of Helping Behavior

Helping behavior is a kind of legalization phenomenon which is widely used in recent years.The so-called legalization of helping behavior means that the legislator stipulates the criminal behavior of helping behavior as an independent crime in the form of separate legislation,so as to expand the scope of legal interest protection.This kind of legislation phenomenon characteristic is obvious,the legislation goal is clear,conforms to the criminal legislation anticipation.However,not all the crimes with the word "help" are the legislation of legalization of helping behavior,and it is necessary to distinguish it from one-sided helping crime,neutral helping behavior and afterwards helping crime.It is precisely because the social harmfulness generated by this kind of helping behavior is equivalent to the behavior of the principal offender that the criminalization of this kind of helping behavior is more reasonable and in line with the trend of international legislation.Both theoretically and judicially,this legislative phenomenon has profound significance.However,the legislation phenomenon inevitably exists theoretical controversy,go the way of accomplice properties or accomplice independence road and completely out of accomplice properties should not be too absolute and accomplice independence,this kind of phenomenon of legislation in the future direction of China’s criminal law is not extreme,but is a state of eclectic.By helping behavior of crime legislation,to this kind of crime in our criminal law is classified and summarized advantages and disadvantages of such charges applicable coexist,but also reflects a kind of legislation trends,such as helping behavior crime will help the implementation of the illegal behavior,will be neutral help behavior,general help behavior crime,for an independent crime.As far as the current legislation in China is concerned,the legalization of helping behavior has shortcomings in both legislation technology and law application.It is necessary to carry out targeted legislation and judicial improvement,formulate clear legislative guiding concepts and legislative standards,and improve the relevant accusation system.In judicial practice,we should pay attention to the distinction and application of this crime and that crime,pay attention to the sentencing equalization of related crime doer,improve the application rate of this kind of crime in judicial practice,and make this legislative phenomenon more normal.