Research On The Neutral Assistance

In the first chapter of this paper,the concept and characteristics of neutral help behavior are introduced in the first chapter,and a general understanding of neutral help behavior is given in order to carry out in-depth discussion.Secondly,this paper discusses the limitations of the application of neutral help behavior in the traditional theory of accomplice and the obstacles to the limitation of punishment and the exclusion of punishment.Neutral help behavior in network as a typical object of investigation,analyzing neutral help behavior makes the information through the network speed spread beyond the crime of legal interests violation results,and these can't get good regulation.And in the provision of basic network services to intervene in the criminal behavior of others to face the full responsibility of criminal risk.Because network neutrality help behavior to be universal in real life,it is a puzzle to judge the criminal responsibility evaluation of neutral help behavior.The second chapter is the affirmation of causality as one of the basis for judging the punishable of neutral help behavior,and it is analyzed from the causal relationship level of the accomplice based on the judging logic of the accomplice violation.There are different theoretical understandings of the theory of causation and accomplices.Some scholars hold a negative position emphasizing the punishing nature of the acts themselves.Most scholars hold a certain position and believe that the existence of causality is a necessity for the establishment of abettor.In affirming the existence of causality,there are different understandings of the range of results and contents of the influence of the aiding behavior,comprehensively evaluating the theory of causality theory,and promoting the theory of causality as the theoretical basis of the causality recognition in this paper.From the aspects of psychological causality and physical causality,it provides the basis for judging the punishable of abettor.The third chapter analyzes the imputation model of neutral help behaviors.The risk of causality rises from the perspective of imputation.On this basis,the criminal liability judging path model is constructed rationally.Although it is based on the basic idea of restrictive punishment,the construction of specific model presents a situation with various viewpoints.Different positions have certain positive significance for limiting the scope.After comprehensive evaluation,the compromised viewpoint is more methodologically superior because of its objectivity and comprehensiveness.In order to establish a reasonable judgment mechanism of criminal responsibility for neutral acts,the author uses eclecticism as a standpoint to evaluate both the subjective and objective liability.The fourth chapter examines the model of criminal responsibility established in the previous chapter with specific types of neutral help behaviors,and applies them to specific cases to solve the more common typical neutral help behaviors encountered in real life.Providing useful experience for judicial practice and criminal law theory.Differentiating the daily sales,transportation,and house leasing behaviors according to different behavioral nature;The behavior of network service providers in virtual services,etc.and hopes to make more reasonable types of standards for the construction of criminal liability through the differentiation of types.