Study On The Crime Of Helping Criminals Escape Punishment

The Crime of Helping Criminals Escape Punishment was enacted in 1997 when the Criminal law was amended to make a small effect on the crime of disciplinary malfeasance.However,more than 20 years have passed since the enactment of the offence,and few results have been applied in judicial practice.The reason for this is that the crime in the criminal law and related judicial interpretation of the provisions of this crime is not clear,resulting in the composition of the crime and the objective aspects of many constituent elements,such as criminals,help behavior,such as the existence of cognitive deviation.Theoretical guidance practice,because of the different understanding of the application of this crime in judicial practice,such as the identification of the subject of crime,the form of completion and other malfeasance and criminal community.The author tries to analyze and study the above problems through this paper,and make a modest contribution to the perfection of this crime.The text of this paper is divided into three chapters:The first chapter helps criminals escape the subject of punishment crime.This chapter analyzes the two elements of "State organ staff" and "suppression of criminal activities" in the main constituent elements,and after understanding the connotation and extension of the two elements,determines that the subject of this crime is established in accordance with the provisions of laws and regulations,in the judicial organs,administrative law enforcement organs,The supervisory authority shall have staff members engaged in the duty of interdiction,as well as persons entrusted by State organs to suppress criminal activities.The second chapter helps criminals escape the objective aspect of the crime of punishment.This chapter,first of all,through the analysis of the object of help "criminals",should be as long as the evidence to confirm the facts of the crime or has been criminally punished by the person.Once again,the concrete manifestation of the help behavior is analyzed,and the help behavior is embodied in the use of the position to help the helping object by means of direct or intermediary,or even inaction.Finally,the scope of "evading punishment" is analyzed to determine that it should include the situation of criminal relief.The third chapter helps criminals to evade the determination of the crime of punishment.This chapter analyzes the different theoretical disputes of the completion form of the crime,and determines that the help behavior that the completion point should be carried out by the perpetrator endangers the prosecution of the driver's organs.Finally,it is the analysis of the boundary and competition between the crime and other similar malfeasance,and through the comparison of the crime of harbouring and harbouring,we can understand the crime from many angles,so that we can accurately convict and sentence in judicial practice.