Study On The Subject Of The Crime Of Harboring Or Covering Up Close Relatives

This paper discusses the application of close relatives' harboring and shielding crime with the Mr.Chen's criminal homicide case.In the crime of harboring and sheltering,the criminal constituted by close relatives has its unique specificity.This specificity lies in the fact that offenders are generally subjectively motivated by the purpose of protecting family members without awareness of social harmfulness,however,this behavior cause lots of social harmfulness actions like harbor criminals,increase the difficulty of detection,increase the difficult for a guilty person to be prosecuted for criminal responsibility objectively.Under the current framework of criminal law in China,there is no separate provision whether the crime subject of harboring and sheltering has the close relatives with criminal or not.In the judicial practices,the close relatives identity usually become a discretionary point when measurement of penalty in the final judgments of court.Chapter 1 of this paper start with Introduction of case,judgment of second instance and the trial results of Mr.Chen's case,and then describe the case's central issue which is the application of close relatives' harboring and shielding crime judgment.The point is the close relatives' harboring and shielding crime will be regarded as a crime but always get discretionary under the current judicial practices,more specifically.Chapter 2 analyze the case's central issue that the specificity of close relatives' harboring and shielding crime.Describe the embarrassment when judging the close relatives' harboring and shielding crime with the deeply thinking and analyzing 1)the close relatives' harboring and shielding crime,2)the dilemma when judge close relatives' harboring and shielding crimes,3)the measurement of penalty of the special object close relatives under this case.Chapter 3 discuss the necessity and feasibility of separate provision whether the crime subject of harboring and sheltering has the close relatives with criminal or not.In order to advance the progress of legal system retain humanistic concern and legislative modernization...