Neutative Research On The Guilty Of Helping Behavior

Nowadays,social life is becoming more and more change and strengthening the risk awareness gradually,for neutral help which is the external harmless behavior of daily life,.It can promote principal offenders of criminal action in a certain environment and to be the joint crimes.In terms of theory,there is no unified conclusion in our country,there are few studies on it and reference documents are few about it.So on these abnormal neutral help behaviors,which are harmful to society and should be punished,which behaviors should not be punished,and why these neutral help behaviors should be punished,what is punishable behavior and distinction standard about it?For those deliberate and active pursuit criminal behavior and objectively cause of violating legal interests help behavior,which can identify directly constitute abettors confirming criminal.But for those cannot textual research subjective attitude,and indeed because this daily behavior promote the crime,lead to criminal consequences achievement and criminal consequences are brought forward slightly,even have a big impact on the criminal consequences so on,and how to convict.Neutral help behavior of conviction standards are key and difficult points in the theory of criminal law,this article focuses on the valuelessness of behavior,worthless of consequence,the duty of actions,the principle of trust,and theory of criminal law of expectation probability,in order to perfect neutral help behavior about the conviction necessity of between penalty theory and justice practice.lf help behavior negative crime, besides according to traditional joint crime of abettors charge conduct conviction and criminal puishment,the author considers this behavior still have scorch for establishment.Description in this paper will adopt the following aspects:In the first part, the author started with the origin of German classic neutral behavior of help. Put forward the neutral behavior problem which seemed harmless.Along with the modern case verdict, it was gradually filed. In The Real Practice,the neutral help behavior in our country happens frequently. The author analyzed the results of the survey through the questionnaire,and then summarized. Neutral help behavior has not determined the standard of sin,our country’s legal provisions about issues of this kind only involves the government’s strict controls, while doesn’t involve other daily help behavior.The second part describes the connotation of the neutral help behavior and characteristics, the concept as will as the quality of neutral behavior. At the same time,it will divide the difference between neutral help behavior and neutral behavior.The author used empirical analysis method to summarizes cases through the Chinese net written judgment paper.The nature of neutral behavior division, is divided into the sales, service class, shelter, and other types, explain the relevant problems of each category in the criminal law.The third part expounds the actuality of neutral help behavior research, including Britain and the United States, Germany, Japan, Taiwan, mainland scholars on neutral help behavior research. In addition, the standard of our country has not yet been determined which has the subjective, objective and compromise saying.there are still theoretical controversy of this behavior, The author analyzed the standard of neutral behavior one by one by penduluming into the sin of scholars respectively.The fourth part mainly elaborated the neutral help behavior into sin and necessity.Inducing neutral help behavior into sin influenced by freedom of behavoir,civic criminal law and anticipated possibility as well as the modest and restrained principle of duty and penal law. Because it’s helpful for crime objectively,and has certain social harmfulness.so for the purpose of general prevention it should be considered necessary into sin.The fifth part though the integrated about the views of scholars both home and abroad,after combining their achievements,they were deeply inspired.The author put forward boldly about its conviction standard,in order to solve the problem of help behaviors break charge. Set up an independent charge or establish a charge together with joint criminal,and for neutral help behavior which key problems that needed to be solved are going to qualitative.