Research On The Punishability Of Neutral Aid

With the development of society,the division of labor in society has become more sophisticated.The communication and interaction between individuals in different societies are more closely related than before.At the same time,the development of industrialization has also filled every aspect of social life with certain risks,and bringing the whole society into a risk society era.In this context,there is a situation in which there is no harm in the external performance of some behavior in social life,but in essence it promotes the occurrence of the criminal behavior of others.Such behavior is called "neutral aid" in criminal law.Neutral aid is a contradictory existence in the world of criminal law.On the one hand,if there is a causal relationship between the neutral aid and the results of the positive,and the actor knows it clearly,the neutral aid will undoubtedly constitute a helping offender.On the other hand,the act of neutrality helps itself to be of independent value.If the criminal law is not difficult,it will seriously restrict the freedom of life of all the members of the society and affect the normal conduct of social life.Neutral aid has its own characteristics,such as daily,repeatability,unspecific and substitutability of the object.If it is limited,it will be difficult to achieve good social results.This requires us to conduct a comprehensive examination of the problem of neutral aid and explore the criteria for judging punishability in a neutral way.To define the punishable standard,we must have an in-depth understanding of the concept of neutral aid.The special nature of neutral aid is the understanding of the word "neutrality"-"neutrality" is only a general description of the general features abstracted from a class of facts in the macro level,which can be decomposed into two levels of subjective and objective aspects.On the subjective level,neutrality means that the help of the perpetrator does not have the purpose of helping the crime,and it seeks only the normal commercial interests or normal social contacts that the criminal law does not prohibit.Neutrality on the objective level means that in accordance with the normal social rules,the act of neutral assistance has its own independent and legitimate social significance.It is part of the normal operation of the society.The cause and effect contribution to the result of the infringement of legal interest is only due to the use of the criminal behavior by the perpetrator.Only by correctly recognizing this level,can we correctly distinguish the relationship between neutral aid behavior and similar concepts,and understand the characteristics of neutral aid behavior in depth.Since the establishment of neutrality assistance in Germany,many researchers have paid close attention to it in criminal jurisprudence both at home and abroad.The most important research direction is to find the punishable judgement basis of neutral aid behavior.In the basis of punishable judgment,the standpoint of the comprehensive punishment is due to its own huge limitations and lack of support,while in the mainstream of the limitation penalty theory,there are three different ways of subjective,objective and compromise.After a comparative analysis of the different doctrines of the three paths,it is found that,out of the consistent position of the inherent subjective and objective views of the criminal law of our country,the path of compromise theory can be used to evaluate neutral aid from many angles.The conclusion is more comprehensive and reasonable,and it can also fit the criminal judicial practice of our country.After choosing the position of punishable restriction,it is necessary to translate the position into a specific and specific standard.From the basis of the punishment of the mixed crime,the choice of objective imputation theory as an objective criterion can realize the internal agreement of the logic,the risk that the uncreated law is not allowed to,the risk that the unrealized law is not allowed,and the neutral assistance which is beyond the protection scope of the constitutive requirements is excluded from the standard of punishment.In the subjective aspect,the helpers should have a clear understanding of the criminal intent of the principal offender and the substantial benefits of their own behavior,but whether the determination of intent does not affect the establishment of the crime.Theoretical research must be returned to practice.The most common in the present social life,and the most centralized types of neutral aid behavior problems,should be centered around the "risks not allowed by law",and judge according to the specific time and space conditions,and give individualized punishable standards.