Analysis Of The Legitimacy Of Legislation On The Criminalisation Of Helping Behaviour

The academic circles have different understandings of the expression and connotation of the legislative phenomenon of helping principal offender.Based on the basic concepts of helping behavior and practicing behavior,the differentiation theory of accomplice and perpetrator,acts committed by accomplices and acts committed by perpetrator,this legislative phenomenon should be defined as the criminalisation of helping behavior.The legalization of helping behavior means that the criminal legislation defines the helping behavior in the actual sense of providing help to the crime as the principal behavior of specific crime by the way of the constituent elements of the specific provisions.This legislative phenomenon realizes the transformation of helping behavior to the implementable behavior of specific crime.Among them,the object of principal offender refers to the helping behavior in the fact sense of providing help for crime rather than the assisting offender or accomplice in the standard evaluation.The principal offense means that the helping behavior is defined as the constituent element of a crime by means of legislation.The legal effect of principal offender is to make the act of helping a crime become the act of principal crime of the corresponding crime.On the basis of the amount and content of the constitutive element behavior set by the crime,the types of principal offender behavior can be divided into the single type of principal offender whose actual helping behavior fills all the types of principal offender behavior and the compound type of principal offender whose actual helping behavior is only one of the types of principal offender behavior.Based on the concept and connotation of the criminalisation of helping behaviour,it can be determined that there are 9 cases of helping behavior being legalized by means of the crimes,the expression of the charges and the structure of helping behavior.Through the analysis of the structure of crime and punishment in the relevant legislation,it can be found that the legislation expands the scope of punishment by abstracting the law interests of the new crime and the assisted crime.Under the circumstance that the new charges are the same as the benefits of the law for the assisted crime,the legislation extends the types of principal offense by protecting major legal interests in advance,defining both abstract and specific dangerous behaviors to the order legal interests as performing behaviors,and stipulating the behaviors indirectly related to the protection of legal interests as performing behaviors in the case of infringement of individual legal interests.Combined with the form characteristics and substantive characteristics of related crimes,the legislation of helping behavior to make it criminal presents obvious characteristics of preventive criminal law in the penalty time,penalty range and penalty degree,which calls for the criminal theory to pay attention to the legitimacy of this legislative mode.In terms of legislative basis,the related charges not only have the substantive basis of the protection of interests,but also have the criminal policy basis of strict criminal net and strict crime suppression.Based on the legislative basis and the proportionality principle of criminal legislation,it can be found that the independent characteristics of helping behavior and the specific types of behaviors prohibited by criminal law together constitute the reasonable basis for examining the appropriateness of helping principal offender legislation.This mode of legislation has practical significance in avoiding the dispute on the identification of one-sided accomplice.From the perspective of the rationality of principal offender of indirect helping behavior,the penalty range based on neutral helping behavior,and the settlement of the dispute between principal offender of helping behavior and identification of related crime,this legislation does not lead to the interest imbalance of criminal legislation,and does not cause the judicial application incongruity among related charges.Therefore,the legislation of helping behavior is justified in purpose and conforms to the principle of appropriateness,necessity and balance of criminal legislation.