Assist Forced Labor Behavior Nature Of Criminal Law Study

Judicial practice, handling cases of forced labor of others there are many difficultproblems, one of which is how to deal with the "forced" peripheral behavior.AlphCases in black intermediary or other personnel recruitment, transportation andconcealment facilitate the forced labor acts judiciary in the past because of thespecific meaning of "forced", can not be easily conviction for the act, so there are twocompletely different approach: eithernot guilty processing; either accompliceprocessing. Terms of innocence, not only indulgence breeding ground for crime, andresulting in more of his personal interests have been infringed; Even if identified as anaccomplice, also inevitably suspected of constraints, the original legal punishment ofthe crime of forcing employees to work lighter punishment of accomplices is notenough, can not reach the Punishment and Responsibility, can not prevent theoccurrence of such crimes.May1,2011, the "Criminal Law Amendment (h)" came into effect, whichmodify a interesting highlights of Article244of the Penal Code provisions on thecrime of forcing employees to work. The revised and improved the guilt of the crimeof forced labor, improve the legal punishment of sin, reflects the strengthening of thelivelihood protection. Legislators from the point of view of the correct handling of thecase, starting244of the Penal Code was modified:conviction on serious assistancesought to forced labor practices of others into which the crime; bypass the provisionsof the Penal Code General Provisions accomplice leniency in sentencing, and strive toachieve Punishment and Responsibility balancing requirements. Article244of theCriminal addition of clause (2) of will assist independent incriminating acts of forcedlabor, and the application of paragraph1under the legal punishment, but for accusal,many scholars in favor of conviction alone. Since the "Criminal Law Amendment (h)"to assist forced labor incriminating alone, there is a specific the guilt and separatelegal punishment, it is natural they should be treated as separate offenses. However,the legislation temporarily not yet determine the separate charges the SupremePeople’s Court, Supreme People’s Procuratorate to tie the formal implementation ofthe Criminal Law Amendment (h)".April28,2011, announced "chargesSupplementary Provisions (e) relating to the implementation of the Criminal Law of the People’s Republic of China> OK, only to establish the crime of forced labor. Ibelieve that the two high judicial interpretation of this behavior to establish a separateoffense, and can not represent the will of the legislature. The theoretically controversyaccusal of future judicial application of the charge and the amendments are of greatsignificance.Article from the accomplice theory help committing penalties startingcombination of the Criminal Law Amendment (h) introduced the background andprovisions to disclose information to assist forced labor practices criminal law and inaccordance with the Criminal Law General and the provisions of sub-rulediscussednature.The first part:Assist independent incriminating legislative background andreasons for forced labor. The Hongdong Cao Village, the brick kilns cases oftreatment results for the background, through the defects of the original sin of forcingemployees to work in regulating such major labor tort analysis, which explores thelegislators to modify the original intention, and from the legislative and policy basisand theory explained according to the three aspects of the assistance of independentincriminate forced labor reasons.The second part:Assist in the application and understanding of forced labor actsindependent incriminate. Assist forced labor act independently incriminate thesubjective "knowingly" understanding; From the meaning of the assistance, theconditions and specific classification and the object of crime modifications, anddistinguish the circumstances are serious, the analysis assist forced labor actsindependent of changes in the scope of punishment in incriminating.The third part:Assist independent incriminate charges of forced laborbehavior.From the point of view to configure a separate legal punishment, analysis todetermine independent counts of the controversial paragraph2of Article244of thePenal Code, as well as to explore the significance of judicial application and criminallaw theory.