| Crime of shield is a kind of crime that impairs the normal activity of the judicial authority that struggles with crime. The criminal law of China has done relatively extensive regulations to the crime of shield. There are typical crimes of shield that are named "shield" in its charges and untypical crimes of shield that have the content of shield, but are not named "shield" in its charges. Typical crimes of shield include Crime of shielding, Crime of Shielding an Organization in the Nature of Criminal Syndicate and Crime of Shielding Offenders Engaged in Narcotic Crime. The writer focally discussed such questions as the historical evolution of typical crime of shield in China, discussed relevant basic theoretical problems, the questions attentions paid to in judicial view and the legislative perfection of the typical crime of shield, etc.Though the criminal law whenever and wherever has relevant regulations concerning crime of shield, the crime of shield is stipulated definitely in criminal law, which is the achievement acquired by mode and modern legislation. As far as legislative history of the criminal law of new China is concerned, typical crime of shield has been experiencing the period of initial formation and designation of the code, the expanding period of contents and charges and the period of classification.Various kinds of typical crimes of shield are not the crime of complicated object, but the crime of single object. The direct object that typical crime of shield infringes is the normal activity of the judicial authority that struggles with crime. The target of shielding is person who conducts a crime generally. But the writer thinks that the target of shielding should expand to "criminal unit" and "organizations in the nature of criminal syndicate and its members" and "the illegal person of prostitution and whoring" in specific circumstance should be eliminated from it. Shielding action should be considered as active act that includes shielding by providing false testimony and helping destroy and forge criminal proof, etc. The criminal of Shielding, who belongs to the criminal of action, is not the conspirator of the person who conducts other crimes. And the act of shielding must happen afterthe occurring of other criminal actions. The subject of typical crime of shield is natural person, but it can't be the person whom is shielded and his joint criminals. It will be necessary for the regulation of "family members who shield each other will not be punished" to be stipulated in the criminal law of China. The act of shielding among relatives should not be considered as criminal activity or should be given a lesser punishment.As far as judicature is concerned, be guilty or innocent according to the legislation of typical crime of shield and the distinctions between them, the distinctions between typical crime of shield and other main untypical crime of shield, should be paid much more attentions to. As far as legislation is concerned, the typical crime of shield should be perfected through the unification of the object of shielding, statutory penalty and the charge of Crime of Shielding, and the count and statutory penalty of Crime of Shielding should be redesign wholly. |
