Research On Punishability Through Penalty To Helping Behavior

Helping behavior is a common phenomenon in lives of everyday,which is usually manifested as ’ providing assistance to others,including material and spiritual help.’ In the criminal law,helping behavior can be understood from two aspects.One is the helping behavior existing in the joint crime,and the other is the helping behavior independent from the joint crime,that is,the principal offender of helping behavior.However,at present,it is impossible to accurately define the connotation and status of helping behavior in the criminal law under the situation of “ sometimes committed,sometimes committed ” in the evaluation of helping behavior under the joint crime system,so it is also impossible to reasonably define the standard of penalty punishability of helping behavior.In this way,it may lead to improper conviction and sentencing of help crime.At the same time,the legal basis of helping behavior is not clear,when imaginative concurrence occurs,what should be done has not been determined.In this paper,from the two dimensions of theoretical basis and measurement standards of penalty punishability of helping behavior,in the legislative interpretation level and judicial practice level,the penalty punishability of helping behavior is studied,in order to determine reasonable standards for penalty punishability of helping behavior.This paper is divided into four parts.Among them,the ’ Introduction ’ section describes the current Chinese criminal law under the background of helping behavior penalty punishable reasons,as well as helping behavior in China ’ s criminal law status,status and problems.The first chapter on the basis of understanding the concept of criminal law to help behavior,looking for help behavior in the theoretical value level and practical level of criminal law significance,through the analysis of help behavior in China ’ s criminal law in two forms,in order to study the punishment of help behavior can lay a good foundation.The second chapter introduces the theoretical basis of the penalty punishability of the help behavior,classifies the various theoretical basis,takes the crime participation system of the two-tier dual system as the logical starting point to study the penalty punishability of the help behavior.Through the analysis of the accomplice ’ s punishment theory,based on the social harmfulness of the help behavior itself,and relying on the minimum subordination theory in the accomplice subordination theory,it provides a theoretical basis for the penalty punishability of the help behavior.The third chapter is the measurement standard of the penalty punishability of helping behavior.Based on the theoretical basis of the penalty punishability of helping behavior,by examining the subjective and objective constitutive requirements of helping behavior,it is clear that the standard of the penalty punishability of helping behavior should be the result of comprehensive consideration of the subjective and objective constitutive requirements.The fourth chapter is the practical path of helping behavior punishability.By analyzing the problems existing in the practice of penalty punishability of helping behavior,this paper puts forward the improvement path in legislative interpretation and judicial practice.The last part of the ’ conclusion ’ is the summary of the full text,through the discussion of the full text,in order to define the standards of penalty punishability of helping behavior from two aspects of theoretical basis and measurement standards,clarify the practical path of penalty punishability of helping behavior,and solve the problem of dealing with helping crimes in judicial practice.