The Research On Shelter Acts In Criminal Law

"Shelter" as a kind of behavior with legal attribute,its legal significance not only for multiple cross by law,including administrative law and criminal law,regulation,and even the same laws as stipulated in criminal law,there will be multiple provisions do to the different nature of the rules.Such legislation phenomenon,on the one hand is the complexity of "shelter" itself,on the other hand it will inevitably lead to the confusion of judicial application.This article try to comb and expounded on the basis of "shelter" and its related concepts,to shelter behavior punishment according to,the current problems and improve the countermeasures to be explored.Full text in addition to the introduction,main body concrete has four parts:The first part of "the basic definition of criminal law in the shelter act",combing and expounds the main social phenomena,legal meaning and significance of criminal law on the shelter behavior and its related concepts of boundary points.Believe that under the current laws and regulations,laws have for the provision of all kinds of shelter illegal behavior regulation.In civil life and urban management level,shelter behavior also show the illegal behavior.Therefore,it is necessary to shelter behavior and shelter a separate type of crime,and shelter a behavior in criminal law redefined.The second part,"shelter behavior into the punishment according to the theory",mainly including shelter behavior into the punishment according to the theory,solution is why criminal law to regulate shelter behavior,and the significance of shelter behavior regulation.Specific view,divided into specification based on the theoretical basis of the shelter behavior punishment,policy basis,philosophy on the basis of three aspects,among them,the specification based on level,shelter behavior punishment must reflect the tolerance of sex in the criminal law,the principle of a legally prescribed punishment,"criminal law" article 13 "but" and the fair value of the basic principle of criminal law;At the policy basis level,shelter behavior punishment must meet the specific requirements for criminal policy of tempering justice with mercy;At the philosophy basis level,shelter response behavior punishment must be quantitative change and qualitative change principle and the intrinsic meaning of the principle of system theory.The third part,the status of a "shelter in our criminal behavior",mainly from the Angle of the specific provisions of criminal law,elaborated our country criminal law about the shelter behavior specific legislation and its characteristics,and the main problems existing in the judicial practice.Specific view,shelter behavior in our criminal law has the following characteristics: first,in our criminal law shelter behavior is subject to criminal responsibility age possess a natural person of criminal responsibility;Second,the shelter in our criminal law behavior in addition to shelter prostitution and shelter a drug use by others,also includes harbor behavior and gambling behavior;Third,China's criminal law in the shelter behavior of shelter object is illegal and criminal behavior.In certain,on the basis of the theoretical basis,focuses his shelter behavior problems of criminal law in our country.These problems mainly include shelter a behavior in criminal law is "public security management punishment law and the criminal law of conflict,daily shelter behavior qualitatively different,shelter actions do not have a unified judicial application and shelter action and joint crime with the help of the distinction between fuzzy etc.The fourth part,"problem solving" shelter a behavior in criminal law,based on the above analysis of current problems existing in the field of criminal law for shelter,specific for the basic path to solve the problem.Specifically,the first,perfect the "public security management punishment law and criminal law.For at the same time under administrative law and criminal law regulation of the shelter,shall,according to the motivation,behavior and identity of the person,environment and other details,overall judgment actor ACTS harmful to the society to determine flow method how to apply;Second,the difference between the nature of daily behavior.Shall,according to the person at the time of the specific conditions and professional conduct,the relationship between close relatives,concrete analysis whether it into the field of criminal law in the shelter category;Third,refine the shelter according to prostitution crime judicial application.To reduce crime,legal punishment,the refinement of sentencing grades and refine the cognizance of "serious";Fourth,clarify the cognizance of joint crime.Should clarify the shelter of action and ambitious joint crime and so on to help distinguish,can't help of joint crime behavior and shelter behavior with the help of a behavior confuse STH with STH else.