Harboring Of Criminal Legislation

Concealing criminal is a kind of legal type with the help of the crime, is also a kind of typical complicity. Because the offender of crime provides guaranty favorable conditions can affect the judicial organs of China to blow crime with efficiency, so China’s criminal law regulation to this kind of behavior. Because of this kind of crime fiction by the ruling class, so in different social period will have different rules in the indictment. Now our country’s crime rate has been rising, so the blow for concealing criminals in the judicial practice appeared strictly, to the crime constitution of crime according to the ideas of the strictly interpreted.On the subject of the crime, the main body in the current criminal law is a regular, there is no special regulation, so some criminals I can constitute this crime and accomplice cover each other also can constitute this crime, this kind of understanding is one-sided does not take into account the legislative purpose. Second, concealing criminals is not for the conduct of the each other between relatives hidden escape, it is not about the history of our country in the past, also do not conform to the human instinct; Third, China’s criminal law in order to emphasize on some focus on the subject and object, and set other crimes in a same law.On the subjective part, the requirements only when behavior is know their behavior object properties and behaviors may constitute a crime, this understanding is the possibility that heart without the need for specific damage results. Judging in sin form, the key depends on the will factor, this paper argues that only the pursuit of hope, urgent mentality can constitute this crime.On the objective part, the definition of harbor behavior exist have different understanding, through the analysis we can know the sheltering behavior of concealing criminals must be against crime, and only the initiative as a model. In addition, the article further analysis of several kinds of typical common behavior and concluded that due to the characteristics of the benefit of other harbor behavior correct judgment.