On The Criminalization Of Neutral Behavior

With the continuous development of social economy,some daily behaviors that seem innocent and irrelevant to the pursuit of illegal purposes objectively lead to other's crime.They are called Neutral or neutral Help behaviors in the Criminal law theory.As the daily behaviors are substitutive,generally people do not consider it a criminal action.However,in reality,more and more daily behaviors have an impact on the criminal behavior of others,which results in the legal infringement and produces social harm in a way.According to common criminal theory,criminal law and practice consider neutral behaviors as the helping behavior.If the neutral behavior is connected with the criminal behavior and the perpetrator has an understanding of the criminal act,it is irrevocable that this behavior is considered as the helping behavior.However,the standard of the criminal of neutrality is still controversial in criminal law theory and judicial practice.Civil law and Anglo-American scholars study more about neutral behaviors,and there are a few scholars in our country also began to discuss it.In order to protect the legal interests,adapt to the development of the times and protect the freedom of citizens,this article studies the neutral behavior,hoping to define the boundaries of crime and non-crime and definite the standard of neutral behaviors.This paper defines the concept of neutral behavior,distinguishes the helping behavior between neutral behavior and joint crime theory,and analyzes the theoretical controversy and practice dispute in the process neutral behavior.By means of imitating the perspectives of civil law and Anglo-American scholars about the criminal of neutrality,it can be drawed that the neutral behaviors can have limited punishment.When the neutral behaviors are considered as criminal behaviors,the interest between objective behaviors and social interest protection should be taken into account.In accordance with the principle of legality and punishment,the neutral behaviors can be dealt with on the basis of excluding the exemptions.On the basis of objective attribution theory,this paper comprehensively examines the subjective and objective aspects of the perpetrator.The objective criterion of criminal of neutrality judges whether the neutral behaviors create and realize the danger that the law does not allow according to the theory of objective imputation.If it produced the danger that law does not allow and the outcome of harm is within scope of validity,it accords with the establishment of the crime.The subjective standard of neutral behaviors is a study of the cognitive factors and will factors.Neutral behaviors should be based on the existence that the perpetrator subjectively know the perpetrating act,and then the need for a deliberate intention to promote the crime of others can judge the subjective factor of the neutral behaviors a crime.The combination of subjective and objective aspects work as the standard of criminal of neutrality.Finally,this paper validates the rationality of the above criteria in terms of several kinds of specific criminal behavior such as commodity sales behavior,transportation service behavior,network service behavior and performance of civil obligation.