| How to deal with the behavior of helping to damage or forge proofs has been branching in the theoretical circle and judicial practice,especially the qualitative problem of helping to damage or forge proofs in the criminal proceedings.Some scholars argue it constitutes the crime of concealing the murder,and others believe it constitutes the crime of helping to damage or forge proofs,there also exists two kinds of cases that the same behavior are dealt with by the crime helping to damage or forge proofs or concealing the murder.Therefore,it is necessary to research the behavior’s qualitative problem of helping to damage or forge proofs,in order to get reasonable solutions.I think the root reason of causing divergences lies in legislative omissions,it leads to contradictions between the principle of legality and the principle of balancing the offense when dealing with the behavior of helping to damage or forge proofs.Though we can try best to avoid the conflict from the perspective of theory of interpretation,but the most reasonable solution lies in the legislative perfection.In this paper,there are a total of four chapters,which focuses on how to deal with the behavior of helping to damage or forge proofs and how to affirm the elements of the constitutive requirements about the crime of helping to damage or forge proofs.The first and second chapters are as followed : how to deal with the behavior of helping to damage or forge proofs in judicial practice,the interpretation of the theory about this problem and the review about the interpretation of the theory,mainly argue from the view of theory of interpretation and search reasonable solutions.The third chapter explains the limitations of interpretation’s theory,and drawing the conclusion: improving the legislation of the crime of helping to damage or forge proofs is the best solution.The fourth chapter analyses some constitutive elements that exists few disputes on the crime of helping to damage or forge proofs. |
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