Research On The Conversion Of The Criminalization Of Helping Behavior

Under the risk society,emerging crime methods spring up endlessly.Some crime methods on the surface wear the "helping behavior" the outer garment,but essentially they already possessed the necessary elements for the establishment of a principal offender.This kind of "helping behavior" has been divorced from the category of helping behavior in daily life and constitutes "helping behavior in the sense of criminal law".Dealing with this type of helping behavior as principal offender is called the criminalization of helping behavior.That means the act of helping others to commit a crime or an illegal act are separately stipulated in the sub-rule of criminal law,the independent concept of criminal constitution and the separate sub-rule of statutory penalty are applied.Therefore,the treatment of helping behavior should be governed by the following rules: in conviction,no longer rely on the general provisions on joint crimes;in sentencing,no longer apply the rules of punishment in the general provisions on accessory offenders.However,"helping behavior" is not the same as "helping criminal",and "the criminalization of helping behavior" cannot be defined as "the criminalization of helping criminal".It is precisely because the principal offenderization of the helping behavior separate helping behavior from the act of perpetrating,and independent on the relevant provisions of conviction and sentencing in general rules that the academic circles are quite controversial about this theory.These controversies mainly focus on whether it is necessary for principal offenderization of helping behavior and whether it should insist on the accomplishment dependence or accomplishment independence.In this regard,we should affirm the legislative necessity of principal offenderization of helping behavior from three aspects of basic principles of criminal law,active general prevention and judicial facilitation.Also we should adhere to the position of objectivism and the theory of consequence without value,affirm the fundamental position of accomplice subordinate attribute,and find a reasonable way to use accomplishment dependence to explain the corresponding problems.Since the establishment of the "Introduction of Bribery Crime" in the Criminal Law of 1979,China has had legislative discussion on "the criminalization of helping behavior ".Since then,the legislation has developed over a long period of time,and it has been continuously improved through the form of amendments,so that other help behaviors have also appeared in the view of being criminalized.Until the "CriminalLaw Amendment(Nine)" was promulgated and implemented,the act of providing cheating equipment or answers for other people cheating in exams,helping others commit information cyber crimes and financing illegal gatherings were independently stipulated in the subsection,from then on theory of "the criminalization of helping behavior " is more explicitly presented to scholars.In China,there are relatively many legislative offences for helping to commit crimes,mainly including subsidized crimes,intermediary introduction crimes,providing special content crimes and providing assistance crimes.At present,the theory of helping behaviors to be principal offender is still in process of continuous improvement,and there are still some legislative deficiencies,including confusion of convictions,unreasonable statement of charges and unreasonable statutory penalties.Therefore,it is necessary to have an in-depth discussion on these legislative issues and give suggestions on corresponding countermeasures.By clarifying the conviction standard of “helping behavior”,clarifying the offence and charges,and setting a reasonable statutory sentence to improve the legislative system of this theory in China,and make the “the criminalization of helping behavior ” satisfy the needs of actual development,and increase the rate of application in judicial practice.