Studies On The Strafbarkeit Of Neutral Aid

The theory of Neutral aid varied from the beginning, The research of the theory was once considered to be of no value evenly.With the change of the awareness of he public and the refinement of criminal law theory,the non traditional, risky neutral aid will have a certain role and show great vitality in practice sooner or later.The nature of neutral aid is the premise of discussion about the penalty of neutral aid,then followed another question that what kind of act have the necessity to be penalty. One of the focus of this study is profound analysis legal attributes of neutral aid,the basics of distinguish between neutral act and neutral aid is the determination of both concepts. The author hopes that the study of criterion on penalty would be from angle of legal infringement. I try to achieve theoretical breakthroughs and innovation in practice in order to obtain reasonable and may be practical criterion which in accord with legal theory.In the first part of this paper,the author introduces the classical example of the theory in order to lead to the controversy.The author views the everyday experience that comes from the common life from the angle of criminal law and combines the research status of neutral aid in the environment of China criminal law.The second part of this study which on the criminal jurisprudence choices the clear, independent neutral act,then the author chooses the legal interest infringement degree as the breakthrough point,the neutral act and neutral aid phase stripping,which officially launches the discussion to neutral aid.At the same time, the in depth analysis of the domestic and foreign scholars ideas, so as to provide theoretical support and basis for the punishment of the. at the end of the part make the division of the neutral aid.In the third part, combined with the principle of legality and the objective imputation theory, the author tries to help with neutral behavior is criminal punishment necessary to ask. Generally divided into two levels of consideration and special consideration of crime, prevent crime origin with regret and try to confirm a boundary of neutral aid,meanwhile make a useful attempt to conform to our country criminal background.