Research On Neutral Helping Behavior

Although seemingly harmless due to its daily life appearance,in essence,it plays a helping role in the criminal activities,and the behavior which has a causal relationship with the result of the crime is what we call neutral help behavior.Neutral helping behavior has been concerned by the criminal law circles of Germany and Japan for a long time.The study of criminal law in our country started late.In the legislative and judicial practice,the neutral helping behavior is often treated as a accessory.However,this approach ignores the neutral nature of helping behavior.The author tries to put forward the neutral standards of punishability and non-punishability for neutral helping behavior that conforms to the theory of criminal law and is easy to operate in practice.Specifically,this paper is divided into three parts:The first part is an overview of neutral helping behavior.Introduced by a classic case,this part expounds the basic problem of neutral helping behavior.The second part tries to put forward the criterion to distinguish the punishability of neutral helping behavior by combing the viewpoint of punishability of neutral helping behavior.Based on the general theory of criminal law of our country,the establishment of crime is the unity of subjective and objective,which,based on the objective imputation theory,investigates the neutral helping behavior from both subjective and objective aspects.On the objective side,emphasizing the application of the objective imputation principle,analyzing whether the increased risk is within the protection scope of the constitutive elements.In the subjective aspect,the cognitive factors should be limited to have a clear understanding,deny that subjective only has a general understanding of the neutral helping behavior is punishable,while the situation of the will factor does not affect the judgment of the punishability.The third part carries on the legislation and the judicial investigation to the neutral help behavior,comprehensively combs the concrete stipulation and the judicial explanation pattern of the neutral help behavior in the current legislation.The legislation and judicial interpretation of our country mainly adopt two kinds of prescriptive modes of independent imputation and punishment as accessory to respond to the neutral helping behavior.On the basis of examining the current situation of legislation and judicial interpretation,this paper analyzes the existing problems and puts forward some reasonable suggestions in order to provide some reference for the current legislation and judicature.