On The "Neutral Help" Behavior In Criminal Law

Neutral help behavior is widespread in daily life.If the criminal law places all the neutral help behaviors in the constituent elements of the helper to evaluate it,it will inevitably cause confusion in the social order,and defines the scope of neutral punishment for help behavior,although our country has discussed.The relatively few,and not enough attention,but the discussion abroad is more intense.Due to the lagging nature of criminal law itself and the ambiguity of legal regulations,there are a large number of neutral help behaviors in daily life,and most of them seem to be civil acts in appearance.They are very common behaviors in daily life,but they are essentially legal and illegal.Between these,this kind of behavior is quite socially harmful.However,if all the traditional joint crimes are punished,the penalties will be expanded.Therefore,the penalties for neutral assistance activities should be limited.This is the result of balancing the protection of freedom and legal protection.However,what kind of standards should be adopted? Conviction and punishment,opinions at home and abroad vary.The paper is mainly divided into three parts:The first part is mainly to define the behavior of "neutral help" in the criminal law.To define the concept of neutral help behavior,the following issues are discussed: First,the basic situation of neutral help behavior in practice.Examples are used to discuss how to define neutral help behaviors in practice.By using the quick broadcast case as an example to discuss the neutral help behavior in the network,the issue of neutral help behavior punishment deserves our consideration,and it helps us to neutral neutrality.Whether or not the behavior can be established helps the convict to be controversial both theoretically and practically.Secondly,it discusses the definition of neutral help behaviors by domestic and foreign scholars.The viewpoints of some German scholars and some domestic scholars were put forward and analyzed respectively.Thirdly,through the analysis of the neutral help behavior in practice and the analysis of Chinese and foreign scholars,the author finally concluded that:Neutral help behavior is only A de facto concept or a type of criminal law case cannot be directly defined as unlawful or not.Neutral help behavior is usually neutral and non-harmful and does not seek illegal purposes.A purely helpful act can only belong to the scope of criminal law if it transcends neutrality in a particular situation,passes the judgement of the constitution of criminal law and objectively plays a catalytic role in the crime of others."The second part mainly researches the types of neutral help behaviors,and analyzes the neutral behaviors of merchandise sales,service neutral behaviors,neutral behaviors of performing civil obligations,network neutral behaviors,and neutral help behaviors in daily life.The third part mainly analyzes the punishability of neutral help behavior.Under the premise of following the principle of "statutory crime",the punishability of neutral behavior is mainly discussed in the following two aspects: First,analyze the social harm of neutral help behavior.This section separately introduces foreign scholars' analysis of the punishability theory of neutral help behavior,including social equivalent theory,professional equivalent theory,illegal objection theory,interest measurement theory,and obligation violation theory.At the same time,it constitutes a crime against China.Analyzes the social harms and considers whether or not a neutral aid act constitutes a crime not only from the objective constitutive elements of the crime,but also to consider the balance of interests,whether there is an emergency risk aversion,whether the purpose is justified,and whether it exceeds the limits and means of moral tolerance.Whether it is legitimate and other factors;Second,analyze the personal danger of neutral help behavior.The writer introduces the domestic and foreign scholars' theoretical analysis of the punishing nature of neutral help behavior.Finally,the author thinks that when judging whether neutral help behavior constitutes a crime,it cannot consider only the subjective mentality.It should also consider the following elements:(1)The cause of the implementation of help behavior.(2)Daily performance of helpers before implementing help behaviors.(3)The guilty attitude.(4)Whether the crime was suspended or failed.(5)Post-crime attitude.The fourth part mainly discusses the legislative mode and punishment principle of neutral help behavior.There are several viewpoints on the legislative model of neutral help behavior: First,it is punished according to the conviction.If the neutral help behavior does not result in the crime result in real life,it is a harmless behavior in itself.Once the behavior has social harm,personal danger,and meets the constitution requirements of the traditional helper,it should be correct.This behavior is in accordance with the conviction and punishment for helping criminals.The traditional helper can not solve the problem can be in the general criminal law,so it should be added to the legal provisions of the criminal law general rules on the basis of an accomplice,"knowing that others may commit crimes,or should know that others are Illegal actions that are deliberately pretending not to know,and acts of impartial assistance to sell goods,provide services,or other business activities to them,and act to promote the occurrence of criminal consequences constitute an aid.” As a neutral aid,The standard of sin,so that the neutrality of the act of incriminating conforms to the basic principle of a legally prescribed punishment for a specified crime.At the same time,corresponding legislative interpretations should be issued to explain in detail the objective criteria for the neutrality of the act.The punishments for helping offenders shall be subject to the same four principles: lighter,lighter,and less sanctioned;and secondly,conviction and punishment shall be carried out according to separate charges.With the continuous development of the network field,such illegal activities like that of fast-broadcasting companies are increasing.This behavior not only seriously pollutes the network environment,but also has serious social harm.Neutral help behavior in the network and traditional neutral help behaviors The environment,background,and nature of the office are all different.Therefore,the penalties for the neutral help behavior in the network cannot be completely consistent with the traditional neutral assistance behavior.The neutral help behavior in the network should be included in the scope of criminal law to regulate it.,according to being guilty of being guilty of being punished separately;third,does not constitute a crime.If the neutral help behavior is not socially harmful or personally dangerous,or if the social risk and personal risk are not worthy of punishment,then this kind of help behavior does not constitute a crime.