Research On The Theoretical And Practical Issues Of The Crime Of Escap

The Code of Criminal Procedure provides that the judiciary has the power to prosecute and punish crimes.Therefore,it is imperative that they detect the facts of crimes in time,apply the law accurately and fight against criminal acts in order to safeguard the socialist rule of law.Article 316 of the Criminal Law of 1997 clearly stipulates that in order to ensure the impartiality and effectiveness of the judicial process,the crime of escape will be severely punished.In recent years,the public security of our country is grim and complicated,and the incidence of criminal cases is high.However,because of the lack of judicial resources and the enhancement of the anti-reconnaissance ability of criminals,the criminal cases of escaping from public security occur frequently,which is not in line with the development of the times and is not conducive to the construction of a socialist society ruled by law.In order to crack down on the crime of escaping and guarantee the legal proceeding of judicial activities,it is necessary to have a deep understanding of the crime of escaping and make a deep study of many problems in judicial practice.This paper mainly focuses on the delimitation of the subject scope,the distinction of the crime form,the determination of the joint crime and the demarcation of the crime of escape and related crimes.The first chapter discusses the specific subject of escaping crime.Whether the innocent person can be the subject of the crime of escape,and whether the defendant and the suspect can be the subject of the crime of escape are discussed in detail.This article holds that the "law" is based on the criminal procedure law,and on this basis,the criminal law should be taken into account.Innocent persons,defendants in illegal custody and criminal suspects can all constitute the subject of the crime of escape.The second chapter focuses on the subjective aspects of the crime of escape.This paper further analyzes the crime form,crime purpose and crime motive of the crime of escape,and points out that the crime of escape can only be constituted by direct intention rather than indirect intention.The author holds that it is necessary to have the criminal purpose of escaping from custody permanently,but this purpose has nothing to do with the length of time of objective separation from supervision.How the crime motive does not affect the nature of the crime of escape.The third chapter is the objective elements of the crime of escape from the difficult issues in-depth analysis.Specifically around the crime of absconding behavior elements,time elements and space elements of three aspects.From the form of expression,criminal offenders can be divided into "violent escape" and "non-violent escape".The crime of escaping should end when the actor has the status of criminal suspect,defendant and criminal and is detained by the judicial organ according to law.Spatial elements are not strictly confined to fixed places of detention,and should be expanded to some extent.The fourth chapter of this article has carried on the discussion to the escape crime judicial cognizance difficult question.Mainly includes the crime of escaping form and joint crime research,as well as the crime of escaping and related crimes to explore the demarcation issue.