Research On Intermediate Crimes In Criminal Law

Intermediary crime is not a legal type of crime stipulated in the criminal law of our country,but a general term of many criminal acts with the core feature of "intermediary introduction".The act of intermediation in the sense of criminal law has serious social harm,which will cause actual damage or threat to the legal interests protected by criminal law.However,in the current criminal law,there are many problems that are not conducive to the application of theory and judicial practice,which are mainly manifested in the inconsistency of qualitative methods in the content of the provisions of the act of intermediation,the disorder in the form,and the fuzzy standard of the criminalization of the act of intermediation.The above problems show that the current criminal law lacks the provisions of this kind of crime,which does not promote the judicial practice and theoretical research of intermediary crime.This paper studies the intermediary behavior in the criminal law as a whole,analyzes the application of the intermediary crime in judicial practice and the application of the criminal law theory from different angles,which has a positive impact on the research of the intermediary crime and has practical significance.The influence of the study of intermediary behavior on the theory of criminal law is that it is beneficial to the consistency of relevant provisions,and provides the legal basis for its conviction and sentencing in theory,so that it can be followed by law;At the same time,from the perspective of judicial practice,through the combination of theory and practice in judicial practice,it has a positive impact on its conviction and sentencing.Through a reasonable grasp of the act of intermediation in criminal law,this paper analyzes some problems existing in the crime of intermediation and puts forward reasonable suggestions,which not only conforms to the principle of suiting crime and punishment,but also promotes the accurate conviction and sentencing of the crime of intermediation,and has profound significance in judicial practice.First,based on the evaluation model of intermediary crime in our criminal law,it is divided into three types:The first is an independent evaluation model based on the introduction of the crime of prostitution and the crime of bribery;The second is ageneral evaluation model that takes the type of good offices and bribery in bribery as a typical intermediary behavior;The third is an accomplice evaluation model based on intermediary behaviors typical of the crimes of trafficking in women and children and drug trafficking.Secondly,according to the different models of intermediary crime evaluation,it focuses on analyzing the justification of its punishment.Demonstrate the rationality of the evaluation and punishment of intermediary behavior in China's criminal law from three levels: the right to help commit crimes,the rationality of punishment for offenders and the self-consistent nature of judicial interpretation.Finally,in light of the problems in judicial practice,the standards of completed and attempted intervening behaviors are discussed,whether the purpose of profit is a constituent element of intervening behaviors and the principle of accomplice punishment for intervening behaviors.Explains how the intervening crime is specifically applied in judicial practice.