Neutral Helps Behavioral Research

Some life behavior, business behavior seems harmless, in essence, to promote the role of crime,which is neutral helping behavior.The question of punishability of behavior has always been the concern of the German and Japanese criminal law circles.Contrasting abroad, our theoretical circles are far from enough attention.We usually regard the neutral helping behavior as the accessory to crime in practice,but this practice ignores the daily characteristics,and broadens the scope of the offense,which is clearly unreasonable.This paper is based on foreign theory and practice,l'd like to use the method of comparison to find a new punishment standard for the neutral helping behavior,to help the development of theory.The paper shall be divided into four parts:The first part introduces the basic problem of neutral helping behavior, through the German and Japanese classic case, clear the concept of neutral helping behavior and characteristics, and divided into daily life behavior, merchandising behavior and service behavior. Because neutral helping behavior is different from traditional crime help behavior, it is necessary to study it exclusively.The second part analyzes the theory of neutrality.At present, the theoretical circles have reached a consensus on the limitation of punishment for neutral helping behavior, but the specific punishment standards are different. Through comparative analysis, this paper argues that the compromise of comprehensive subjective and objective consideration can provide useful ideas. This paper argues that the subjective and objective unity should be adhered to, and the order of judgment should be subjective and subjective. Judging standards should be based on traditional help and be limited to achieve the purpose of limiting punishment.The third part puts forward the subjective and objective criteria of neutral helping behavior. Objective criteria requires a close relationship, usually, through the behavior of alternative methods, social relevance theory as a guide, deny the existence of close relevance.Specific circumstances to consider the crime, with specific time and space conditions, the specific industry duty obligations as a prerequisite. On the subjective side, the actor should be limited to a clear understanding, excluding speculation, general knowledge of the punishable, and deliberately determined whether or not has nothing to do with the conviction, only affect sentencing.The fourth part is the specific application of the neutral penalty method. The penalty standard proposed in the third part of this article is applied to daily life cases,commodity sales cases and service cases, and the actual cases are analyzed and explored to verify Its rationality, hope to help the judicial practice.