The Theory Of Aiding Actor As Perpetrator Of Legitimacy And The Analysis Of The Types

Although modern society is an insecure one,legislators choose to actively deal with the ubiquitous social risks.For example,the time of criminal law intervention in advance?expanding the scope of criminal penalties.Aiding actor as perpetrator embodies both of these characterisitics.On the transverse,the paper bases on the current criminal law and new charges in the Amendment ? to The Criminal Law of The People's Republic of China.On the longitudinal,from the legislative concept and type,demonstrating the legitimacy of Aiding actor as Perpetrator.The part ?,under of background of the Amendment IX to The Criminal Law of The People's Republic of China,summarizes the characteristics of the Aiding actor as Perpetrator.There is a simple reference to neutral help behavior?the scope of criminal penalties?sentencing range and so on.The part ?,from the necessity and rationality of the Aiding actor as Perpetrator,analyzing the principle of criminal law in it.Legal interest is involved in the early stage.Many scholars believe that it broke the relationship between General Provisions and Other Provisions,but the author can't agree.Aiding behaviors can't be changed because of the as Perpetrating.The part ?,constructing the new type on the legislative idea.Such as the prior Aiding actor as Perpetrator?the in-process Aiding actor as Perpetrator and the after Aiding actor as Perpetrator.First,this type can reflect more early invention of criminal law.Second,the after Aiding actor as PerpetratorIs included in the system of Aiding behaviors,which makes the whole criminal system more complete.The part IV,because the legislation is not perfect,so the author intend to make legislative and judicial recommendations.First,legislators should fully realize the inevitability of crime and the high cost nature of crime prevention.Second,to save the cost of preventing and punishing crimes,when choosing which behaviors to use penalty,we must weigh the advantages and disadvantages,and pay special attention to the input-output relationships of criminal resources.