Research On The Light Punishment Of The Crime Of Harboring Or Shielding By Close Relatives

This article takes Wang's intentional homicide case as an example to discuss the legal application of harboring and shielding behavior between close relatives.In the crime of harboring and harboring,the subject of crime is stipulated as the general subject,when the close relatives become the subject of crime,it has special side.In practice,when the court judges the crime of harboring and shielding between close relatives,it usually takes the identity of close relatives as a discretionary lenient circumstance of sentencing,and gives a lighter punishment to the subject.This paper is divided into three chapters,the first chapter of the intentional homicide case of Wang's introduced the case,the trial of the case to illustrate,so as to draw the controversial focus of the case,that is,Is it reasonable to give a lighter punishment to the close relative as a special criminal subject in the crime of harboring and shielding.The second chapter through the legal analysis of the crime of close relatives in the case,the case in the other two general subjects violated the crime of harboring,shielding the sentencing comparison,indicating the impact of close relatives identity on sentencing and explain its rationality.The last chapter discusses the legal thinking caused by the case,through the close relatives of harboring,shielding crime for the understanding of the nature of the act,light punishment of the need and its cultural roots and legal basis to carry out explanations concluded: Our country should affirm the light punishment trend of close relative's crime of harboring and shielding in the form of legislation.