Help Conduct Ndependent Criminaization Studies

Helping behavior to become a crime independently is the legislators'exploration and attempt to fight against crime,give play to the active prevention function of criminal law,and provide a way to protect the legal interests of criminal law,which is a response to various challenges in today's society.Although this legislative model existed at the beginning of the establishment of the criminal law,and many scholars have studied it,they still have mixed opinions on it at present.Therefore,the research on the relevant issues of this legislative model has certain value and significance.The article begins with the domestic and foreign legislation of helping behavior to become crime independently and finds that the current legislative mode presents an expanding trend.Secondly,although the legislation has this trend,but the theory is still controversial,there is a positive or negative argument,the two mainly around the theoretical attribution of helping behavior independent crime,the relationship with the accomplice system and the impact of the criminal law crime circle.Therefore,from a positive standpoint,this paper analyzes the focus of the dispute,and draws the conclusion that it should be discussed on the basis of adhering to the differentiated system to help behavior become a crime independently,and it is not in conflict with the accomplice system,and it will not lead to the over-expansion of the criminal circle.In addition,the independent standard of the crime is specifically explored through legislation,and the characteristics behind the behavior are summarized to provide the foundation for the construction of the standard of the crime.Finally,on the basis of clarifying the legislation and theory,this paper attempts to construct a solution to the problem of how to criminalize helping behavior in legislation and how to identify it after it becomes a crime independently.As in the legislation,should follow the principle of tolerance,and from the independence and harmfulness of helping behavior and typed consider its standard into sin.In the aspect of judicature,it mainly solves the problem of identification of the accomplice and the accomplice.If they connive with others to commit a crime,they should be dealt with according to the accomplice rules.