Regard Helping Behavior Criminalization As The Principal Offender To Study

With the development of social and economic development,the behavior of crime is playing an increasingly important role in the joint crime.In today's society,the rapid development of science and technology,the extensive network coverage for people's life,the crime of terrorism and disrupt the normal social order crime has occurred frequently,it can be said that now the degree of risk society constantly upgrading,helping behavior is criminal in the deepening of the law against the extent of the the breakthrough has been gradually accomplice from the property theory,has its own characteristics,the evaluation of the independent status of the criminal.Based on the purpose of legislation to combat crime,taking into account the severity of legal interests,will harm the serious nature of the helping behavior alone conviction and punishment,the criminal law legislative mode is to help conduct crime.The amendment to the criminal law(nine)has helped to set up the crime of helping the crime of network information,helping the crime of terrorism,and so on.China's criminal law also provides for the introduction of bribery,to assist in the organization of prostitution and other acts to help the perpetrator of the crime.But the legitimacy and necessity of its application has been plagued by scholars questioned,some scholars proposed to help crime behavior does not accord with Chinese traditional theory of accomplice,accomplice can be identified as acts of help,do not need to separate the charges set.At present,the research on the theory of helping behavior is not enough,and there is no unified and clear view.This paper is based on the provisions of the current criminal law,combined with the related theory of the accomplice crime in our country,demonstrates the legal basis of criminal behavior help mode and practical needs,which proves that the application has the legitimacy and necessity,and based on this model some problems existing at the present stage,put forward a soundproposal.The first part is the analysis of the concept and types of the crime of helping behavior.First of all,this part takes the concept of helping behavior in criminal law as the starting point of the analysis,and from the two aspects of subjective and objective.Secondly,it defines the concept of the principal of helping behavior,defines the core connotation of the concept,and divides the different types of helping behavior.Again,in order to more accurately understand the essence of helping behavior crime patterns,the author of the helping behavior crime compared with the analysis and definition of unilateral accessory and neutral helping behavior,in order to clarify some vague concepts in judicial practice.Finally,the focus of controversy for the current academic help behavior crime patterns were summarized,the formation of opposite and negative positive pattern,and two kinds of different views to analyse,thus obtains the positive theory conclusion.The second part demonstrates the legal basis and practical basis of the principal of helping behavior.On the one hand,to help the behavior of the perpetrator has a profound legal basis.This paper analyzes the connotation of the principal offender and accomplice involved in the model.From the point of view of the principal offender,the author analyzes the concept of a single principal offender,the concept of the limited principal offender and the concept of the extended principal offender,and distinguishes the connotation of the principal offender and the accessory offender.From the perspective of the accomplice,accomplice essence as the starting point,the introduction of an accomplice from the property and the accomplice independence theory,law based on thebasis of joint crime,the legal basis in order to build a complete model of helping behavior crime.On the other hand,the application of the principal of helping behavior is also derived from the practical needs.China is now in full swing into the risk society,the traditional criminal law will face all kinds of difficulties in the risk society,and help the behavior of criminal law is a limited expansion of the criminallaw to ease the social risk of one of the means.At the same time,in the judicial practice,the traditional theory of complicity encountered various obstacles in the application of the case,so it is necessary to help the behavior of the perpetrator of this means to break through and make up.Taking into account the growing social harm of helping behavior,and the concept of criminal policy in China,it is an inevitable choice to deal with it.The third part is the reconstruction of the legislative model of helping behavior.There are still some problems and shortcomings in the current stage of helping behavior,which is especially reflected in the process of legislation and application.In order to solve these problems,this paper puts forward some suggestions from three aspects: legislative idea,legislative standard and system coordination.First of all,the author clearly defines the legislative idea of helping the perpetrator,and puts the idea of modesty and the protection of legal interests in every aspect of the legislative activities.Secondly,it clarifies and defines the legislative standards of the criminal procedure of helping behavior,and puts forward three standards,which are decisive,stereotyped and normalized.Thirdly,through the clear definition of the boundary between crime and crime,we can realize the harmonization of the whole criminal law system.Finally,through the analysis and further improvement of the process,in order to help the behavior of the perpetrator of the model can give full play to its value.