Research On Several Problems Of Concealment Crime

The legislation of harboring crime can be traced back to the Western Zhou Dynasty,and it always occupies a place in the criminal law of our country.By tracing back to the origin of the crime of harboring,this paper explores its legislative background and realistic environment.At the same time,referring to the current domestic and foreign legislation,it is found that the controversy about the crime of harboring is mainly focused on the special cases of crime committed by relatives.The object of crime and the balance of penalty,and analyze these three problems.In addition to the introduction and conclusion,there are four main parts,briefly described as follows:The first part carries on the analysis to the harboring crime legislation,mainly examines our country in the legal system history harboring kind of crime "the family member concealment" the system,the criminal law punishment way,in the extraterritorial legislation example mainly analyzes the kinship crime special case,The scope of the object of concealment is what is the "prisoner" and whether the punishment of the harboring actor should be compared with that of the harboured person,so as to clarify the controversial focus of the crime of harboring in the academic circles.The second part makes an analysis on whether the legislation of harboring crime in our country should make special establishment of "close relatives and hidden relatives".On the basis of comparing the domestic and foreign legislation cases,it is mainly based on the expectation possibility of relatives as the subject of harboring crime.Whether it conforms to the modesty of criminal law and humanitarianism,so as to put forward the suggestion of special cases of kinship crime,that is,the mutual hiding between relatives within a specific scope does not constitute a crime of harboring,but not for the purpose of kinship,it is a crime against human relations.Judicial personnel and State officials shall not be exempt from crimes committed by the State.The third part makes an analysis of the object of crime of harboring crime,"the criminal person",mainly referring to three mainstream views in academic circles,that is,"the real criminal person" and "the person who is suspected of a major crime objectively".In the light of the specific circumstances,the author agrees with the first view that the object of the crime of harbouring is a person sentenced to punishment in accordance with the law,and that criminal suspects are not included in this list.What is worth noting is that,Although some harboured persons are not judged guilty at last,their actions are illegal and harmful to the society,and the harbouring of such persons also constitutes a harboring crime if the circumstances are very serious to the judicial activities.The fourth part analyzes the legal penalty allocation of harboring crime with extraterritorial legislation.As a means of preventing and controlling crimes-not for the purpose-the disposition of legal punishment in our country should follow the principles of clarity,humanity,balance,leniency and punishment,as well as the principle of modesty and restraint in criminal law.The legal punishment of harboring crime is only free punishment but lack of fine penalty,lack of flexibility,and the harboring behavior is dependent on the behavior of the harboured person,so the penalty of harboring actor should be reduced accordingly compared with that of the harboured person.