| In response to the constant changes in the social life situation,in order to better punish some help behaviors,the Criminal Law has adopted countermeasures to help the behavior become criminalized.In particular,the promulgation of the "Criminal Law Amendment(9)" has added many related charges.Starting from the basic concepts,this article explores the rationale for helping behavior to be guilty.Before defining the dependency of the helping behavior,this article first clarifies the relationship between the helping behavior and the guilty behavior.It is believed that helping behavior serves the principal offender’s behavior and is closely related to the principal offender’s behavior.In some cases,it can be transformed into the principal offender.Then,under the differentiated participation system,the concept of restricting principal offenders is adopted to distinguish principal offenders from assisting offenders,and to provide space for the dependency of the assisting behavior.Analyze the three characteristics that can be criminalized help behaviors that are different from general help behaviors that can individually harm social relations,have weaker subordination to the principal offenders,and target specific objects of type,to help better understand the principal offenders of the help behavior 化.Based on the above characteristics,the relevant charges can be selected from the criminal law of our country.This article divides the legal benefits of the infringement and the different ways of behavior.Discussed the criminal conviction of funding or assistance behavior,the criminal conviction of accommodation behavior,the criminal conviction of acts of providing goods or services,and the criminal conviction of introduction behavior.And analyzed the representative charges,in order to better improve the application of related charges.Next,we will explore the rationale for helping behavior to be guilty.Helping behaviors to be criminalized has a theoretical basis and meets the needs of criminal policies.The theoretical basis is divided into two aspects.On the one hand,the act of helping is punishable.On the other hand,under the criminal system of distinction,the dependency of the act of helping does not violate the subordination of accomplices.The considerations of the situation and policies include the convenience of litigation and the correction of loopholes in the criminal law.Focus on the analysis of information network crime represented by the crime of helping information Internet Crime and related issues in the field of terrorist crime represented by the crime of helping terrorist activity.It is believed that when judging the penalty boundary of neutral help behavior,one should refer to the German doctrine to determine whether the objective aspect of the behavior increases the risk,and then combine the subjective aspects of the perpetrator to comprehensively determine whether the punishment is punishable.At the same time,it recognizes the existence of one-sided helpers and sorts out the five types of predicate crimes of helping information Internet Crime activities,and solves the problem of competition and cooperation with related crimes.In response to terrorist crimes,introduce the background of the crime and the current situation of counter-terrorism,and solve the problem of competition and cooperation between the crime and related crimes.Based on the analysis of the status quo of judicial application of the above-mentioned crimes,it puts forward the overall regulation of the criminal conviction of helping behavior.Including the adoption of the principle of restraint,the criminal policy of both leniency and strictness,and the scope of help behaviors that can be rectified in practice,and the phenomenon of rectification of help behaviors should not be blindly expanded.Criminal regulations for crimes in special areas include the understanding of "knowingly" as unless required by law and can only include circumstances that should be known.To characterize the “one-to-many” help behavior as an explanation of the seriousness of the plot and to analyze the impact of the “broken card” operation.As a whole,we must strictly grasp the elements of the crime.Afterwards,he explained the international and domestic anti-terrorism situation that China is facing,and pointed out how China should act in the face of terrorism. |
