The Criminal Regulation Of Neutral Helping Behavior

The topic of this essay is about the neutral helping behavior which refers to the behavior seems harmless, but actually facilitates crime. Such behavior is usually in forms of daily normal behavior, duty behavior or business behavior.Comparing with the thorough research in other countries, neutral helping behavior does not draw enough attention of the criminal law academia in our country. Not only does the topic only be studied by few scholars, but also such research is limited in the translation and introducing foreign theories without arranging them systematically. In addition, in the judicial practice, neutral helping behavior is treated as accessory crime, which is apparently unreasonable.The neutral helping behavior is different from the common helping behavior because of its neutrality, then it should be handled differently from the common helping behavior.In order to handle this problem, this dissertation will discuss the neutral helping behavior in five aspects, which are essential theories, punishability analysis, the condition of accessory crime, categories of usual concrete behavior and the standard of exempt in special circumstance, thus provide reference for incorporating the neutral helping behavior into the criminal law and the judicial improvement of it.First chapter is the general introduction of neutral helping behavior, which will concentrate on the origin of the theory, the definition and the value of research. This chapter will understand the background and the developing progress of this theory from the study of the history and the origin of it. Then, introduce difference appellation of neutral helping behavior named by different scholars, give my own definition according to the characters of the behavior, and analyze the legislative value and judicial value of the theory research.Chapter two will concentrate on the legitimacy analysis of the punishability of neutral helping behavior. This part will consider the different theories of the scholars from Germany, Japan and our country, and elaborate the reason and rationality of punishing neutral helping behavior under certain circumstance.Chapter three will discuss the condition of neutral helping behavior becoming accessory crime. To constitute accessory crime, the absolute subjective intention is necessary, including explicit cognition and positive will. Certain cases will be involved to help the understanding of the standard of it. Also, objectively speaking, such behavior should offer actual promotion to the crime, which will be analyzed and judged from the causality relationship.Chapter four is the analysis of the categories of neutral helping behavior. In this part, common neutral helping behavior will be listed and its nature will be discussed within the different situation of cases.Chapter five will discuss the exempt of neutral helping behavior. The exempt of such behavior should be considered when certain conditions are fulfilled where the doers of the behavior have special relationship with the criminal. Certain standard will be affirmed in this chapter.