Research On The Punishability Of Neutral Aid

The Neutral Aid is an action that is harmless on the surface and conforming to the purpose of protection,but helps others to implement harm behavior and harm result.The study of the theory of Neutral Aid begins in Germany,and is full of controversial from the beginning.The theory of criminal law in China gets in touch with the theory of Neutral Aid In recent years,but the theory has not been valued by scholars and dose not form systemic research atmosphere.Compared to the inactive study of theory,judicial interpretation and Judicial precedent in China get ahead,but the actual effect is so worrying that there is obviously trend of expanding the scope of punishment.Therefore,from the perspective of theoretical research intensively studying the punishability of Neutral Aid is imminent.Based on this,according to the writing ideas of this article,the main thing of theoretical research is on the basis of clarifying the origin of Neutral Aid, combine with tenable condition of the Accessory and analyse the relationship and difference between Neutral Aid and the Accessory;the focus of the study takes Theory of Objection Incrimination as a starting point,discusses whether Neutral Aid creates and realizes risk or not,and combines with subjective state,to determining the scope of punishment of Neutral Aid;the conclusion of research lies in limiting the scope of punishment.Specifically,the discussion of this article includes the following four aspects:Part one: the requirements of the Neutral Aid.The authors clarifies the origin of Neutral Aid,defines Neutral Aid newly,combines with fundamental theory of the Accessory,views two senses of the Accessory,proposes that studying Neutral Aid should insist on the common behavior theory?theory of causal accomplice and restriction from attribute, through studying the connection between the Neutral Aid and the Accessory to laying a theoretical foundation.Part two: the theory and practice of dealt with the Neutral Aid through the criminal law.Combining to related theoretical research results at home and abroad,by means of collecting judicial interpretation and judicial precedent,the author points out the defects of judicial authority in handling Neutral Aid,lead to the necessity of theory study,and find more reasonable Theoretical Standard.Part three: the standard of the Neutral Aid as a crime.This paper insists on theory of subjective and objective unity of Crime constitution,and views that to cognizance the scope of punishment of Neutral Aid,in objective aspect,should focus on Theory of Objection Incrimination and judge weather Neutral Aid creates and realizes inadmissibility risk or not;In the subjective aspect,we should investigate the intentional content of doer to judge weather to form the constitution of conduct of Accessory.Part four: typology research on Neutral Aid. The author aims to typifying the Neutral Aid,and think of dividing into risky business behavior and activities of daily living,and point out that compared with activities of daily living,the risky business behavior is easier to form the punishable Accessory.