On The Limitation Of Assisting Behavior Act As Principal Offender

Most of the evaluation of help behavior is based on the establishment of the offender.However,there are also some help behaviors that do not presuppose the existence of a criminal,but can be independently evaluated.There is such legislation in our criminal law.This kind of legislation means the amendment and supplement of the common crime evaluation system,and some of the original aids under the accomplice system are treated differently,and independent constituent elements are established.In a sense,the establishment of a new crime changes the relationship between such help behavior and its associated offence.Therefore,it is of great significance to study the act of helping the act of breaking the legislation.The new criminal law has undergone important changes in penalties through new offences for certain help actions.Even if the legislation that helps the act is being criminalized is reasonable and necessary,specific standards need to be formulated to regulate the behavior of help,so as to avoid expanding the scope of punishment as much as possible.This thesis mainly studies the positive behavior of helping behaviors,analyzes the theory of helping behaviors to be offended,analyzes the characteristics of the help behaviors that are applicable to the offense,and distinguishes the individual punishments that help the behaviors from being committed and helps behaviors,and then From the perspective of crime prevention,we put forward our own views on the disputes that help the behavior of the offense,and finally put forward the applicable standards to help the act of being committed.The first part is the introduction.This part mainly introduces the background and significance of the research,the research status,research methods and innovations in this field at home and abroad.The second part is an overview of helping the act of being offended.Helping behavior is based on the help behavior,so this part first describes the concept of help behavior,then tells the concept of the behavior and the theoretical classification of the help behavior,and finally distinguishes the help behavior that this article wants to say.Different from the penalty behavior and the neutral help behavior concept of the help behavior,the basic explanation is not that all the help behaviors are positively criminalized.The third part is the theoretical controversy that helps the act of being committed.Thissection first introduces the controversy of help behavior attributes,mainly distinguishing between help behaviors.If it is necessary to subordinate to the existence of the offender,it is to summarize the viewpoints separately and to explain the support of this article to help the independence of behavior.Secondly,it is discussed whether the act of committing the act of committing crimes requires that the act of help must have behavioral consequences before it can be violated.The viewpoint of this article is that it is not necessary to have a result,and there is a possibility of harm.Finally,on the basis of the above analysis,the behavior is being violated and applied to the existing disputes.One view is that it can be expanded and applied,and the other is that it should be narrowed and applied.The viewpoint of this article is limited in type and the crime is expanded.The fourth part proposes the practical application of helping the act of being offended.Firstly,it introduces the legal basis of the practice of helping the offense,and then analyzes the current two types of positive offenses on these basis.Finally,on the basis of the above,borrowing examples to strengthen the viewpoint of this article and using assisting behavior act as principal offender need limited type,expansion of crimes and reasonable punishment.