Research On Neutral Help Behavior

Neutral help behavior due to conform to help make the surface of the constitutive requirements, but with a "Daily" attribute,if will be fully integrated into the help committed category is bound to cause paralysis of the social order, in the abettor theory has been used as a a urgent and controversial, in judicial practice is difficult to be identified. In the help of the neutral behavior punishment scope, in the subjective aspect should not be entangled in deliberately determine whether it is only a distinction to reveal the subjective malignant degree, affected only sentencing and cannot be used as the basis of conviction,accessory is essentially absichtsdelikte, because help only by helping behavior benefit principal offender to pursue the crime to have the responsibility, to discuss the factors of coping behavior, rather than to distinguish between intentional and intentional forms may include direct and indirect intentional behavior,people need to recognize exactly the principal criminal intent, but also need to act exactly to participate in their specific help to criminal behavior; in the objective aspect, the implementation behavior between physical causality and heart for help behavior and crime,the fruit of the two limit, meet one of constitute punishable accessory. The thesis is divided into four chapters:The first chapter mainly discusses the present situation of the determination of the punishment of the help behavior in our country. To conduct the research on behavior of neutral aid, first of all to clear the concept of neutral helping behavior,and the difference between its and helping behavior, neutral behavior, with the correlation of the one-sided accomplice theory basis for later study fist.By the present judicial practice in several cases leads to neutral helping behavior has particularity, because of the law is not clear to and handling in the judicial practice caused neutral help behavior can be imposed on scoping standard of chaos and complexity.The second chapter mainly discusses the types of neutral help behavior analysis. To conduct research, is indispensable in the specific judicial practice case,due to the judicial practice doesn’t care about the particularity of neutral help behavior, related cases and just get accidental treatment, and for neutral behavior with the help of the related regulations in our country is not perfect, need the help of the German and Japanese criminal law related theory results, a controversial research type is also through the translation and introduction of scholars to understand, many types in reality only stays in the discussion stage, and without the support of actual case, case search also fail needed case "neutral" four words, so this paper selected for keyword search method, derived from the author read the literature of keywords to search related cases.This chapter mainly discusses the transport behavior, commodity sales behavior, professional conduct, shelter behavior, to fulfill its obligations of civil behavior, network service provider behavior and other neutral daily behavior help the behavior of the seven kinds of neutral type, summed up the standard in the judicial practice of the different types of activities identified.The third chapter mainly discusses the theoretical basis of the neutral help behavior. The research of our country starts late, and the theory circle is mostly in Germany and Japan.First, to neutral helping behavior and criminal behavior has causal judgment, clear between neutral helping behavior and the offender behavior exist the scope and classification of causality. Again, the existing criminal can penalty theory to carry on the analysis and comment, that neutral behavior does not have a comprehensive punishment, theory should not be entangled in deliberately determined and whether or not the distinction,only effect of sentencing and not as the basis for conviction, and identified objectively exist in some of the standard of reasonableness.The fourth chapter mainly discusses the neutral help behavior circles divided into penalty with the help of crime and punishment of the neutral behavior of specific criteria. Advocates of the "subjective and objective" standard, in the subjective from the objective behavior of help criminal behavior are determined for the principal has definite understanding and knowing the exact to help and criminal behavior are closely associated and perpetrator behavior have substantial benefit has the penalty of; objectively consider help and criminal behavior between physical and mental causation, with one of them is punished.