Study On The Inculpation Of Neutral Helping Behavior In Criminal Law

With the increasingly delicate social division of labor and the increasingly close connection between people,more and more normal behavior inevitably involved with crim.It may fall into the category of "helping behavior" because of the force of criminal behavior and the causal relationship with the final result.This kind of behavior is called neutral helping behavior in criminal law.If a person subjectively realizes the criminal intent of the perpetrator,then he has at least indirect intent.And there is a causal relationship between the helping behavior and the infringement of legal interests.So it would be natural to identify it as an accessory.But the neutrality of behavior makes it necessary for us to treat them differently.If we regard the behavior in daily communication as the helping behavior in criminal law,it will make the extension of criminal law tentacles and improperly limit the freedom of action of citizens.This is not completely ruled out accessory.If we indulge this kind of behavior and deny its illegality,it will difficult to protect the legal interests.Therefore,it is necessary to make a further judgment on which actions should be given negative evaluation in criminal law.This article is divided into four parts.The theory of neutral helping behavior is the theoretical product of restraining the expansion of criminal law.It is very important to make clear the punishment standard of this kind of behavior,because it is the need to balance the two values of crime prevention and the protection of social action freedom.Therefore,it is necessary to conduct a systematic study of this kind of behavior.The main problem of the research on neutral helping behavior is how to regulate it.The interpretation of neutral helping behavior needs to define the meaning of"neutral" and "helping".Neutral helping behavior is routine,repetitive and one-sided helping.It is different from neutral behavior and helping behavior.At the present stage,the focus of debate in criminal law circles is how to restrict the punishment of neutral helping behavior.Our criminal legislation and justice lack the awareness of the problem and systematic carding of such behavior.Discussion on the basis of punishment for helping behavior,we can make clear what is the basis to extend the scope of the criminal law to the act of causing the infringement of legal interests.It is also the premise and basis to define the punishment scope of neutral helping behavior.Among them,the causal accomplice theory focuses on the causal relationship between the accomplice and the infringement of legal interests,which has the advantage of limiting the scope of punishment.As to how to limit the punishment of neutral helping behavior,scholars put forward some viewpoints,including subjective path,objective path and comprehensive path.However,the specific theoretical basis of each path is different.Considering the views of scholars,when it comes to the responsibility of neutral helping behavior,we can follow the objective and subjective order.On the objective level,we can according to the objective imputation criteria to judge whether the neutral help behavior increases the risk that is not allowed by law.On the subjective level,we should judge whether the actor has the intention to help.Combined with the typical neutral helping behavior in practice,we should strictly limit the punishment of neutral helping behavior.Only under special circumstances,neutral helping behavior is punished for loss of neutrality in subjective and objective aspects.