论对向犯的处罚范围――以构成要件观念为中心 周光权 叶建勋 2009年10月（The scope of punishment for the offense - the concept of constituting an important concept as the center of the light of zhou guangquan, October 2009）.docVIP

论对向犯的处罚范围――以构成要件观念为中心 周光权 叶建勋 2009年10月（The scope of punishment for the offense - the concept of constituting an important concept as the center of the light of zhou guangquan, October 2009） The scope of punishment for the offence is the center of the formation of the important ideas Zhou guangquan ye [summary] for the non-punishment of the criminal law, can it be punished according to the provisions of the general provisions on aiding and abetting? For this, there are legislators who say, substance and compromise. A formal view of the founding conditions of a common crime may lead to the conclusion that the participants need to be convicted. But if we insist on the concept of constitutive elements, insist on the legal principle of the punishment of punishment, and judge the harmfulness of the behavior in substance, we should not be in principle with the participants. [key words] the penalty area for the concept of making up important elements The point of the problem to the offender In judicial practice, some procuratorial organs to buy pornographic materials according to buy pornographic materials for profit the accomplice of sin to Sue, or to purchase counterfeit all kinds of documents (state organs working permit, certificate, id card), according to the forging or altering state organs the accomplice of the crime of official document, certificate, fake id card. The logic of the prosecution is roughly: from the objective, buying fakes are implemented to help behavior, such as the need to provide the counterfeited or altered photo information, personal name, birthday, etc, and then from the hand of the forger to buy a counterfeit false certificate with the seal of the state organs; From the subjective view, the buyer has the false false identification purpose. Subjective and objective conditions determine that the purchaser may constitute a helping or abettor. In cases like this, the defense tends to plead not guilty. The main reason is that the article 363 of the