Identification And Punishment Of The "Help Attempt"

The joint crime is a very complex issue, about the nature of common crime, punishable under so these problems, there are many scholars dispute. And compared to the instigator, the less attention by the offender, but also attempted to help by many scholars and practitioners who neglected. Over time, however, the "Help attempt" related issues are becoming increasingly attracted academic attention. In this paper, with reference to the basic theory of common crime, combined with the relevant principles of attempted offense, the offender puts forward the viewpoint of the properties, and then on the "Help attempt" were discussed. Meanwhile, also in the article on the "Help attempt" type and whether it should be punished, and other related issues were discussed, in order to solve a similar problem for the practice to provide some immature advice.This paper is divided into four parts:The first part of the theory of joint crime a brief introduction, combined with the relevant provisions of China’s Criminal Law General Regulations, come to China’s criminal law applicable to the relationship between the conclusions of the Differential mode, committing the accomplice is suitable from the viewpoint of the property. After committing the other two on the relationship between theory and an accomplice- an accomplice, said the independence and Duality conducted a review.The second part of the concept of combining the concept of offender and attempted to commit attempted to help define the concept of helping the attempted correlation is established views are briefly described. Helping attempted classification introduced, attempted to help the characteristics summarized. Meanwhile, the neutral range incrimination helping behavior has been described.The third part is a debate about helping attempted punishment. Different scholars have attempted to help whether penalties grounds hold different views, and arguments for and against should be subject to state the conclusion that the case should be attempted to help the situation points viewpoint punishment.The fourth part is a summary of the article put forward some suggestions with the actual situation of China’s laws and regulations, and I hope these suggestions can solve problems that draw.