Research Of The Crime Of Harboring And Shielding

The crime of harboring(CH)and shielding(CS)is a crime that often occurs accompanied by other crimes.It has huge negative effects on cases-solving and obstruction of justice.So it should be severely taken care of.However,our country’s academia and judicial practice community have many problems with this crime.There are still some misunderstandings and we should conduct in-depth study of this issue.Based on judicial practices,this paper analyzed and judged different viewpoints of CH and CB.By systematic and comprehensive analysis and argumentation,I hoped this paper could benefit the future legislative and judicial practice.This paper is divided into three parts:The first part analyzed the constitutional elements of CH and CS.The first issue was an analysis of the objectives of the said crime.It analyzed the behavioral objects and believed that it only takes a suspect who has been investigated and put on record by the judicial organ,it does not need to be convicted by the court.Based on the subject of the crime,the crime should exclude the criminal himself,the co-offenders and his or her close relatives.The rational perspectives of the criminals’ close relatives should also be excluded.Then it analyzed the subjective aspect of CH and CS.It can use the method of criminal presumption of property to determine ’knowingly’,while it must also consider the issue of ’misunderstanding’.The second part studied the judicial determination and punishment of CH and CS.The first part focused on the distinction between the said crime and its joint offences,and point out the train of thoughts for the behavior of premeditation’.It analyzed the boundary between crime and non-crime,and focused on demonstrating the recognition of behaviors of ’misprision’ and’acknowledging crime committed by others’.Then compared the two specific behaviors of CH and CS and distinguished it among the crime of perjury,the crime of destroying and falsifying evidence,and other related crimes.From the aspects of penalty setting mode,penal deployment mode,and selective accusations,the fourth part demonstrated the application of the penalties of CH and CS.The third part focused on the legislative perfection of CH and CS.In the first part,the analysis of the improvement of the behavioral object is to revise the expression of the ’criminal person’ and to add ’organizations’ into the criminal object of the crime.In the second part,the author proposed a perfect path for the subject of this crime,is to introduce a tolerant system that excludes close relatives.In the third part,the paper studied the improvement of behaviors of the said crime and proposed adding ’reporting’ behavior.Further expand the types of harboring behavior,while limiting the conviction threshold of CH and CS.The last part was a proposal to improve penalties.The paper suggested that the penalty system for this crime and other related crimes should be further coordinated and property penalties and aggravating circumstance should be taken into consideration.