Research On Neutral Helping Behavior

There are always such cases in daily life that are worthy of reflection,because the behaviors that they seem to be the same as other daily behaviors,but objectively,they provide a convenient for the crime,which kind of behavior in the criminal law theory is called "neutral helping behavior",then should this behavior be punished by criminal responsibility? If it should be subject to criminal penalties,then what is the punishment standard? Neutral helping behavior issues raised by some new ideas.Originally the cases appeared in the reality were treated as a help in criminal law,but with the neutrality of this kind of behavior is gradually understood by people,the practice of comprehensive punishment was opposed by scholars.Neutral helping behavior is studied deeply in the German and Japanese criminal law theory,but in our country the study about this issue is limited,only the scholar Chen Hongbing have a specialized work about it,other scholars study it rarely.According to the current criminal law system and the theoretical research,the limited punishment of neutral helping behavior has got the strong support of most scholars,but in the specific standards and the way to achieve the views are also very different.Through the comprehensive analysis of all of the theories,the trade-offs of the subjective and objective aspects of the actors are more suitable for the theory of the establishment of the crime,especially on the basis of objective imputation.This paper is divided into four parts.The first part details the origins,characteristics,and penalties of neutral helping behavior.Firstly the problem just exists in the theoretical hypothesis,but it is also found the corresponding examples in the reality,and scholars summed up the characteristics of such acts gradually,its unique attributes-"neutrality" is also into the people’s vision.Through the comparison of the characteristics of contrast,neutral helping behavior and the helpful behavior in criminal law have the necessary distinction,and in the one-sided help offender theory in criminal law can be the basis to subject these behaviors to crime.And thus neutral helping behaviors have independent research value.The second part is mainly about the analysis of the theory of neutral helping behavior.The comprehensive punishment theory on neutral helping behavior has been left out,so I focus on the introducing various theories of restricted punishment theory and make a brief evaluation.It can be divided into three kinds: subjective theory,objective theory and the trade-offs of the subjective and objective theory.There are many small theories under the objective theory,like theory of social equivalence,theory of professional equivalence,theory of obligation violation,theory of trade balance,theory of trade balance,and the objective attribution theory,which have their own advantage and disadvantage,and they should be treated dialectically.The third part mainly summarizes the merits and demerits of the theory,and puts forward the benchmark of the criminal responsibility of the neutral helping behavior.In the objective aspect,whether or not the behavior of the perpetrator creates the risk that criminal law does not allow,and whether the damage caused by the behavior is within the scope of the protection of the composition of the criminal law,we should judge from these two dimensions;and in the subjective way,we should focus on effect of cognition and will.Cognitive factors are divided into two kinds: knowing that crime occur inevitablly and crime may occur;will factor are also divided into two kinds: hope to occur and indulgence occurred.Although there are four types of composition in the subjective aspect,not only all of them can be subjected to crime.Because to constitute a crime requires the perpetrators to have a clear understanding of the behavior,and based on the " purpose of the behavior determines its nature " requirements,the perpetrators must have a positive desire on crime results.If we can not determine the positive pursuit of the will factors,we should consider whether or not the legal interest is facing the urgency of the infringement of the perpetrators to determine the subjective vicious.In the case of subjective factors and objective factors,neutral helping behavior is possible to become a criminal offense.The fourth part is the analysis of the specific types of neutral helping behavior.In this part,the division of the neutral helping behavior is extracted from the three aspects such as neutral helping behavior in goods sales,neutral helping behavior in the provision of services and neutral helping behavior in the daily life.Although it can not cover all,it is hoped that this will have some reference for the judicial practice,and it is also the responsibility for the third part of the neutral help identify standards that can be tested.