The Research On Helping Behavior

Helping behavior is the subjective physical activity that violating legal inter ests by providing a spiritual or material support. Its characteristic mainly displays in the following four aspects:the time should be later than others criminal dete rmination, it must be subjectively intentional behavior, the act must be outside of the constitutive elements, and it only plays a supporting role.The premise of helping behavior being discussed in the criminal theory is t he justification of its punishment. The punishment should be according to the d ual nature of its act to execute illegal and its own danger. Therefore, helping beha vior’s punishment is more suitable for adopting mixed breeds of causal accompli ce theory.The causality of helping behavior should also adopt the dual theory of mixe d. Helping behavior should have causal act to execute and principal results. Specif ically, helping behavior causality is based on results the promotion theory, and wi th implement behavior promoting theory as the auxiliary. The combination of th esetwo theories, contributes to considering the dual nature of helping behavior a nd reflecting the the hierarchy of helping behavior.The specificity of helping behavior is also reflected in the legislative and c riminal justice. In the legislation, helping behavior has two kinds of forms, nam ely,"Helping behavior to Assistance Prisoners" and "Helping behavior principal offending"."Helping behavior to Assistance Prisoners" is discussed in the theory of joint crime. Helping behavior principal offending is an explicit representati on of the provisions in practice. It has practical significance to make it outprin cipal elements in the common crime and getting its own independent element.However, it is difficult to distinguish some special types of helping behavior in the judicial practice. The article selects two kinds of helping behavior for an alyzing. One is the conduct of neutral aid, and the other one is the omission a uxiliary.The characteristic of the conduct of neutral aid is having an effect on t he principal in daily life. If it uses the general causal relationship to identify, the results will inevitably be expanded penalty suspicion. So do not punish helping behavior that without the hope in the aspect of the subjective will. In addition to the subjective, the objective should be combined with the two aspects of the situation. In the auxiliary act of omission, the implementation of the auxiliary cri me is with the "static" behavior. Therefore, in addition to the causal relationship, it needs to increase the additional duty. Otherwise, there is also the penalty of t he expansion.