Legislative Research On The Implementation Of The Assisting Behavior

As a new legislative model adopted in China’s criminal legislation,assisting behaviors be implemented.With the promulgation of several amendments to the criminal law in recent years,it has also caused a lot of discussion in the academic circle.This article explores its legal basis and compares the investigation of relevant content in foreign criminal law.This will be a further legislative research on the implementation of the assisting behavior.This article is divided into three parts:The first part is the basic theory to implementation of the assisting behavior.Explicitly assisting the conduct of behavior should have independent attributes such as independent conviction,independent sentencing,and subordination that can be subordinated to itself,and it should have the characteristics of sub-rules,the substantial help of behavior,and the prerequisite of legal protection.The differentiated accomplice system is the legislative reason.The theory of invasiveness of legal interests and positive general prevention purposes are its legislative value.The importance of protected legal interests,the role of helping behaviors,and normalization are its legislative standards.The second part is a comparison of behavioral legislation between Chinese and foreign.In China’s criminal law,the crimes of assisting behavioral behavior are classified and distributed in the sixth chapter of the Chinese Criminal Code,which reflects the tendency of the criminal law to protect major legal benefits.In addition,representative Germany,Japan and the United States were selected as the object of legislative investigation.The legislation of these countries has the characteristics of helping the conduct of behavioral behaviors with fewer crimes and heavier legal punishment.The legislative enlightenment given here is to distinguish the importance of protected legal interests and emphasize the strengthening of criminal regulations for crimes that violate major legal interests.The other is to update a specific legislative idea and explain the criminal law as much as possible without violating the legal principle of criminal punishment,instead of coping with new crimes through the establishment of new crimes.Attach importance to the prerequisite of legal interest protection and respond to citizens’ demands for security and stability in a risk society.The third part is the inadequacy and improvement of behavioral legislation in China.Based on the comparison and analysis of the foregoing,it is concluded that the current legislation on helping behaviors in China is deficient in helping behaviors to be behavioral,the expressions of some guilts are too complicated,and some of the statutory penalties are too weak.The implementation of behavioral legislation to help behaviors should be strictly limited to major legal benefits and high-risk areas related to the national economy and the people’s livelihood,and the implementation of behavioral legislation on assistance activities in the field of traditional natural offenses should be restricted to control the behavior of behavioral evaluation of illegal activities.The description of guilt should follow the principle of definiteness,but the clarification of guilt description does not encourage frequent and large-scale revision of the existing criminal code,and it can be assisted by judicial interpretation and other methods.The crime of helping to act independently demonstrates its recognition of the dangers of independence.It should be compared to helping criminals with severe legal punishment,and it can be achieved through the reasonable application of qualification and fine.