Study On The Neutral Helping Behavior Of Criminal Law

In real life,there are often behaviors that are harmless,but actually promote crimes.This behavior often exists in the form of daily life behavior,job behavior or business behavior,which is the neutral help behavior we are going to discuss.The behavior and related theory began in Germany,and its appearance triggered a heated discussion by a number of criminal scholars.Compared with many researches on neutral help behavior theory in foreign countries,there is still a certain distance in the field of criminal law in China.The research on it is only in the stage of introducing relevant theories and translation,but not systematically combing this behavior.Besides,for the neutral help behavior in judicial practice,it is often indiscriminate that it is a punishment for the help offender.Obviously,it is not appropriate to take such a treatment.This behavior is not a general help behavior.Though it has strong neutrality,it cannot be treated with the same help behavior.The two should be treated in a different way.If we do not distinguish the behavior in everyday life as a help offender,it will easily lead to the expansion of the scope of criminal penalty,and citizens' daily behavior will also be greatly restricted.Of course,we can not take a laissez faire attitude to such behavior,not to identify its illegality,which leads to a gap in penal punishment.Therefore,the limited punishment for neutral help behavior is very important,and we should give a negative evaluation of what neutral help behavior,so that we can not only achieve the purpose of legal interest protection,but also maintain social development.This paper explores four aspects of neutral help behavior from the following aspects: basic overview,theoretical analysis,attribution standard and representative behavior types.I hope this article can contribute to the improvement of China's criminal law in the field of neutral help behavior.This article is composed of four parts.The main contents are as follows:The first part is the introduction.This part mainly analyzes the background,research purpose and significance of the neutral helping behavior,through access to relevant information to understand and introduce at home and abroad on the neutral helping behavior research status and development trend,at the same time,a brief summary of the writing of the article research methods and innovation.The second part is an overview of neutral help behavior.First,it introduces the generalproblems of neutral help behavior,and discusses the relevant theories of neutral help behavior and the disputes arising in the process of practice.Secondly,the concept of neutral help behavior is introduced.The neutral characteristics of neutral help behavior are analyzed in detail,and the characteristics of neutral help behavior are discussed.Thirdly,the difference between neutral help and neutral behavior and helping behavior is analyzed.At the end of the paper,the theory of representativeness is discussed in depth on the nature of neutral help.At present,there are few scholars to support the comprehensive punishment,and the scholars at home and abroad are more advocating the penalty of neutrality help.The limitation of punishment is more reasonable,and summarizes its shortcomings and defects on the basis of its own point of view.The third part is the standard of imputation for neutral help behavior.This part mainly concludes that the punishment of neutral help should be in accordance with the subjective standard and the objective level.The subjective standard includes the exact understanding and the positive will of the criminal acts carried out by the perpetrator and carefully analyzed and examined according to the relevant circumstances.Objective criteria include increasing the risk of perpetrating acts,infringing on legal interests,increasing risks,protecting the purpose of norms,and helping neutrality and perpetrating acts.By setting up the standard of subjective and objective punishment for neutral help,it puts forward a penalty basis.The fourth part is the specific type of application of neutral help.Sales of goods and transport service from the help of representative neutral behavior by listing in the traditional way,neutral behavior and help network environment to discuss,imputation criteria using neutral help behavior according to the relevant cases in the specific circumstances of the qualitative behavior for analysis.