Study On The Difficult Problem Of Hidden Crime

Article 310 of the Criminal Law of China stipulates that the object of the crime of possession is a "criminal person",and according to Article 362 of the Criminal Law,the object of the crime of possession is not limited to "criminals".The academic circles have interpreted the criminal targets of harboring crimes from different angles.The reason is that the current legislation does not meet the requirements for clarification of legal provisions.Therefore,the future amendment of the law should clearly define the criminal targets of harboring crimes as criminals,suspects,and criminal defendants.According to China's criminal law,the behavior of harboring crimes is as follows:provide hidden places and properties to help them escape.Hiding behavior is not the same as knowing it.Hiding crimes are behaviors in which people who know they are criminals provide them with hidden places and properties to help them escape;while being innocent is knowing that they are criminals without reporting to the judiciary and letting go.Its impunity.The crime of harboring is also different from the crime of harboring,which is an act of harboring to the judiciary to prove that it does not meet your own inner cognition.Whether the behavior of impersonating an offender should be characterized as a harboring behavior should be specifically analyzed.In addition,private behavior cannot be treated as a harboring crime.It is not reasonable to evaluate the crime of harbouring the perpetrator.In view of the shortcomings of the method of harboring crimes,it is recommended to amend them: provide hidden places,property,or provide other convenient conditions to help them escape.According to the criminal law,the main subject of the crime of harboring is the general subject,and the criminals themselves harboring their own behavior does not constitute a harboring crime;the harboring behavior between the co-offenders is part of the joint criminal activity and does not constitute the harboring crime;Of course,others who carry out their acts of harboring themselves should not be punished with the crime of harboring.According to the provisions of Article 362 of the Criminal Law,the crime of harboring still exists in specific subjects,that is,the personnel of the hotel industry,catering service industry,culturalentertainment industry,taxi industry and other units.By reflecting on the disadvantages of using the relatives as the main subject of the crime of harboring crimes in China's current criminal law,and drawing on extraterritorial provisions on the immunity of relatives in the harboring crimes,we suggest that our criminal law should deal with exemptions of relatives in the crime of harboring,so that our criminal law can better match traditional laws Cultural inheritance and harmonization with universal legal provisions make our criminal law more humane.The special forms of harboring crime include stop form,accomplice form,and crime form.The crime of harboring is an offense.Once the perpetrator has completed the harboring,the crime will be completed.After the perpetrator harbored the criminal object,the initiative to report the criminal object's whereabouts to the judicial authority does not of course constitute a suspension of the crime.Only the subjective intention to actively stop the possession behavior has objectively stopped the continuation of the possession behavior.And effectively obstructed the law enforcement activities of the judiciary,even to a certain extent,the transfer of the mastery of the criminal object to the judiciary would be possible to establish a crime of harboring a crime.The ex ante conspiracy to commit harboring behavior afterwards should be defined as an accomplice of the “individual offender”;there is no“one-sided accomplice” between the harboring actor and the “offender”.The proper handling of the crime of harboring must also pay attention to the problem of the co-petition of this crime with other crimes.