帮助毁灭证据罪的犯罪对象是当事人的证据,因此该种犯罪行为一般只发生在诉讼中。但是,对于必须追诉的刑事案件而言,从案发时起,犯罪行为人必然将具备“当事人”(即犯罪嫌疑人)的身份,这点与民事和行政诉讼在没有原告起诉的情况下,就没有必然的当事人是不同的。因此,帮助刚刚实施了犯罪行为的人毁灭证据,同样属于帮助当事人毁灭证据,所构成的是毁灭证据罪而非包庇罪。 The object of the crime that assists in the destruction of evidence is the evidence of the parties, and such offenses generally take place only in the proceedings. However, for the criminal cases that must be prosecuted, since the time of the incident, the perpetrator must have the identity of the “party” (that is, the criminal suspect), which is similar to that in civil and administrative proceedings without the plaintiff’s prosecution Under, there is no inevitable parties are different. Therefore, assisting those who have just committed a criminal act to destroy evidence is also a matter of helping the parties to destroy the evidence, which constitutes the crime of destroying evidence rather than shielding it.