On Helping Criminals Escape Punishment Behavior

Help criminals to avoid punishment from the criminal law sense is a criminal act, the criminal law provisions to express the act is tipped off criminals, to facilitate the conduct, the body of the act is a crime interdiction duties of state organs staff member. This behavior is typical of crimes of dereliction of duty to help criminals escape punishment crime is 97 years in criminal law newly created for the investigation to help criminals to avoid punishment has a new legal basis, more sophisticated type of crime of dereliction of duty. Is guilty of the offense behavior, the behavior interfere with the activities of state prosecution acts "criminals", so the act of research it is very important. Firstly, the meaning of criminal law on the meaning and etymology of the concept of behavior and proposed a definition of the difference between the two, from the meaning of the Penal Code to define up to help criminals to avoid punishment must not merely to analyze the meaning of the word from the top it should be combined with legal provisions and practice in the performance to a comprehensive discussion. Define the behavior not only from the discussion on behavior, but also on the subjective scope object behavior, and behavior will be described, so that behavior more specific. Help criminals to avoid punishment from the construction of the main to explore the behavior and objects as well as the results. In the two main controversial theory, there is no substance use behavior competence and behavior omission can constitute a help criminals to avoid punishment. The object of the act includes not only the criminals in the traditional sense, but also including units, which will help to combat this behavior. The result of this behavior is to help avoid or mitigate an object rather than criminal penalties, including general administrative penalties. Due help criminals to avoid punishment and other similar behavior on conduct and behavior of the objects there is a certain similarity, may lead to a similar behavior with other competing properties there are in everyday judicial practice, it is easy to understanding this crime and other crimes between produce different results. Related scholars on the issue of the crime of behavior etc. have been controversial. This article attempts to help criminals to avoid punishment aspects of the act to start, from the first configuration to conduct a comprehensive analysis of the behavior, and then discuss the distinction between the act and other similar acts to accurately define this behavior. So that we can understand and apply the full range of behavior, so that the correct conviction and sentencing. So that the act in the judicial practice to get the correct application.