帮助毁灭 伪造证据行为分析-analysis of helping destroy forged evidence.docx

AbstractThe crime of assisting in destroying and fabricating evidences was a new crime added in 1997 Criminal Law amendment, which is a kind of crime of evidence. The behavior of assisting in destroying and fabricating evidences violates the objective and fairness of the national judicial activities. It appeared frequently in reality but seldom punished in judicial practice. The reason lies in the ambiguity of the conditions of this crime both in theory and judicial practice.Assisting is an act of implementation, the actors should have the subjective intent to recognize damage of their behavior and hope or indulge the acts to play part in judicial activities. As for whether the behavior has the motivation to assist the parties to avoid or reduce the legal sanctions is not a part of the contents of subjective intention. The object of act is not parties but evidence, and the act means includes destruction and fabrication which comprise the hiding, concealing and altering behavior.In accordance with the provisions of existing laws, illegal or criminal act is not the prerequisite to determine the crime of assisting in destroying and fabricating evidences ,that is the assisting behavior may not only appear in criminal proceedings but also in civil or administrative proceedings. And assisting acts should not be limited to the acts in litigation process; the acts before litigation process are also included. The behavior of assisting in destroying and fabricating evidences violates the objective and fairness of the national judicial activities, however it only will be punished when it is serious plot.The common crime of the behavior of assisting in destroying and fabricating evidences need to be discussed in accordance with different proceedings. In criminal proceedings, the common behavior of actors and the parties to destroy and fabricate evidences is common crime. But, this kind of conduct will not be dealt as accomplice because of it’s not have a criminal penalty.When t