Standardized Identification Of Assisting Offenders

Assisting offenders is one of the types of joint criminal participation.As an imported product,it has existed in our country’s criminal theory and judicial practice for a long time,and there are many disputes in our country’s legislative theory and interpretation theory.The core of the problem of joint crime lies in the identification and sentencing of the criminal participants.At present,the identification of assisting offenders tends to expand,and there is no consensus on the status of assisting offenders in joint crimes.These two issues have a common theoretical foundation,and have a whole-body effect.In addition,criminal law dogmatic research should take legal norms as the boundary,and examine and sort judicial practice by studying the structure and content of legal articles.So,this paper firstly clarifies the theoretical basis and punishment basis of assisting offenders,and then,based on the provisions of the criminal law,standardizes and clarifies the status around the manifestation of the expansion tendency and the difference between the dominant and subordinate status.The problems existing in the identification of assisting offenders are as follows:First,expansion tendencies identified by assisting offenders.The subordination of assisting offenders to the main offender is gradually weakened,and the social harmfulness and subjective content of assisting offenders’ own objective behaviors are constantly formalized and understood in a broad sense.Second,there is a dispute over the status of the assisting offenders in the joint crime by the division of the theoretical and practical discourse systems.There are also two viewpoints that the assisting offenders can be either the principal or the accomplice,and the assisting offenders can only be the accomplice.These two major problems lead to the ambiguity of the boundaries of aiding offenders,and also make the sentencing of assisting offenders vary in severity.The theory should be adapted to the positive law norm in order to realize the overall validity of the legal norm.When restricting assisting offenders,the subordination of assisting offenders and Article 25 of the Criminal Law both require that the principal act is intentional and illegal.According to the punishment basis for assisting offenders and the concept of legal norms,assisting offenders need to accept the double limitation of attribution and responsibility,that is,assisting behaviors have a substantial effect on the outcome of the main offender,and violate social interaction roles in terms of norms.Assisting intentionally can be one-way,but "knowing" in intentional is only the factor of cognition,not including the element of will,and "knowing" cannot be replaced by "should know".Regarding the disagreement on the status of the assisting offenders in the joint crime,the choice of the substantial principal reflects the recognition of the assisting offender’s accomplice status.By reflecting on the point of view that the helper can be the principal,the double-level distinction between the restraint and the helper who is regarded as the principal in judicial practice is actually the product of the formal understanding of the principal offender or the wrong understanding of the degree of the accomplice.Assisting offenders are consistent with the accomplices in my country’s Criminal Law in terms of discourse system.Identifying assisting offenders as accomplices is not only in line with the accomplice’s positioning,but also in line with the provisions of the Criminal Law on accomplices.