Research On The Harboring Crimes

Crime of harboring means the person offers the false evidence to cover up the murder’s crime while knowing the criminal. Even though criminal law provisions describe it in a very simple way and there is no judicial interpretation to explain it in detail, the behavior in the real-life is both common and very complex, so there are some problems in the constitution of Crime of harboring in judicial practice. For solving this problem, I consult and get to know the legislative history regarding the Crime of harboring in our country and abroad. Then, in the foundation of analyzing the academic discourse on the Crime of harboring, I systematically conduct a research on difficult problems existing in Crime of harboring by some ways including literal and rational interpretation, historical interpretation, natural interpretation and systematic interpretation. Finally, I attempt to put forward my opinionsFirst, from a historical perspective, I research the history of the Crime of harboring developing from nothing and more and more complex. In the meantime, I study advanced foreign Crime of harboring legislative system dimensionally. By studying ancient and modern legislative history relating to the Crime of harboring, I have a deeper understanding on the legislative history of Crime of harboring. Secondly, some problems in the constitution of Crime of harboring are also studied. The main bodies exclude the accomplice, but abetting others to conduct the harboring can set up the Crime of harboring. "Knowing" includes knowing it certainly and knowing it in duty and should be judged according to the particular circumstances. “Criminals” include those who are imprisoned and not imprisoned like those who are put under surveillance and fine. I list several common content and ways in offering fake evidences in judicial practice. Thirdly, from the perspective of judicial cognizance of Crime of harboring, I discriminate the term “knowing not informing” and the fact that “out of court” in criminal cases do not constitute the Crime of harboring but "impostor" do depending on whether the perpetrator has the behavior of offering false evidence."Kin Concealment" system is China’s first, the impact on many countries（regions） of the world have a lot of criminal legislation, but as the birthplace of China’s existing criminal law is not turned up. From the human point between relatives harboring each other considerations relevant legislative reference Germany, Japan, Taiwan, China, combined with China’s current system of criminal law legislation, put forward false proof cover intentional crime, the punishment can be reduced, false proof harboring criminal negligence, shall mitigated punishment. Such behavior on the cover of a mitigated punishment conform Tolerance of Criminal Law.On charges of Crime of Harboring Criminals and similar legal punishment for comparison and found also cover acts, legal punishment vary widely, some of the special nature of harboring behavior worse, causing great harm, but their relative legal punishment for harboring sin has become lighter. Comparison Crime of Harboring Criminals of this article and cover the crime syndicate, harboring drug criminals, perjury, helping a client to destroy evidence of the crime of forgery legal punishment proposed amendments to some legal punishment, and hope that these charges more in line with the penalty fit the crime in principle."Kin Concealment" system is initiated in China significantly influencing criminal legislation of many countries（regions）, but as the birthplace there is no provision in China’s existing criminal law. Last, considering covering up relatives’ crime is the human nature, making reference to the relevant legislation of Germany, Japan, Taiwan and combining China’s current system of criminal law legislation, I make the proposition that the punishment can be reduced or exempted if someone intentionally commit the Crime of harboring in relatives while the punishment should be reduced or exempted if someone negligently commit the crime in order to conform to the principle of Tolerance of Criminal Law. Comparing statutory sentences between Crime of harboring and similar crimes, I find the gap is great though they are all belong to harboring act, for example, some special harboring behavior is worse in nature and cause more harms but the statutory sentences becomes lighter. This thesis compares the statutory sentence in the Crime of harboring, Crime of harboring crime syndicate, Crime of harboring drug criminals, crime of perjury and crime of assisting the criminal in destroying or forging evidence, and propose amendments to some statutory sentences, and expect that the statutory sentences can live up to the principle of suiting punishment to crime.