On Neutrality Help In Criminal Law

Neutral help behavior has always been punishment law a controversial problem,some scholars think that such behavior as objectively promote profit violation crime behavior to realize the method,so there should be set up to help,to separate neutral help behavior are not necessary.However,such behaviors are usually characterized by business and daily life,which is conducive to the normal development of society.Sweeping penalty if such behavior will increase the public's obligations,resulting in excessive extension of criminal penalty,and excludes all penalty if such behavior can result in punishment of the criminal law is not perfect,cause penalty.Considering the standpoint of the freedom of criminal law and the measure of the protection of legal interests,it is the best way to make necessary restrictions on such ACTS.However,there are different views on the approach to restriction.By summarizing different viewpoints of academic circles and combining relevant knowledge of criminal law theory,this paper concludes that it is more appropriate to use objective imputation theory to solve neutral helping behavior.Specifically,this paper is divided into the following parts:The first part mainly introduces the concept of neutral helping behavior,including the definition,characteristics and the difference between helping behavior and helping behavior.The second part is mainly for domestic and foreign theory of neutral help behavior,disputes,the paper expounds the rationality and defects between them,which lays the foundation for a better conclusion.The third part is mainly based on the authors own knowledge in the demonstration of the rationality and objective said and analysis will help the behavior and causality consider with rationality,at the same time shows that using the objective imputation theory can effectively is the combination of both.The fourth part is based on the three elements of the objective imputation theory to select the imputation standard of the neutral helping behavior,so as to find a way to limit the punishment of the neutral helping behavior.The fifth part is the concrete behavior of the neutrality in the judicial practice to help the typed analysis,mainly including sales activity,the act of offering service,daily life behavior,etc.,according to the method to determine the foregoing theory lays limited way.