Research On Crime And Non-Crime Of Neutral Helping Behavior

In the risk society,with the trend of fine division of labor and the leap-forward development of science and technology,some seemingly innocent behaviors that are unrelated to crimes,but essentially promote others' crimes,which is the "Neutral helping behavior" in the context of criminal law.Neutral helping behavior is a proposition full of contradictions.On the one hand,as a "helper" for criminals to carry out crimes,it does harm to the legal interests protected by the criminal law.On the other hand,if these behaviors in daily communication are indiscriminately summarized as helping behaviors that constitute crimes,the tentacles of criminal law will be excessively extended,and the freedom of action and business of citizens will be restricted,which is not conducive to the normal operation and development of society.At present,China's legislation and judicature have ambiguous and ambiguous attitudes towards neutral helping behavior.Generally,it is considered that helping crimes should be established,or they should be punished if they constitute a crime alone.There is a lack of special consideration for neutral helping behavior,and there are a series of problems,such as unclear punishment standards,broad punishment objects and too strong punishment.Therefore,how to construct a reasonable standard to clarify the boundaries of punishable or not is of practical significance for the current theoretical research and judicial practice in China.Since the neutral helping behavior originated from the theory of German criminal law,the dispute about its principle of punishment has not been interrupted.The theory of comprehensive punishment has been left in the long history after experiencing the great wave and sand rush,while the theory of limited punishment has been divided into three different approaches after becoming the mainstream: the subjective view,the objective view and the eclectic view.By combing the above theories,it can be found that under the soil of the "consistency of subjective and objective" of China's criminal law,the eclectic theory can be more adaptive to local conditions,and can also make the boundary between neutral helping behavior crime and non-crime more extensive.This paper adhering to the principle of compromise,for the crime and non-crime of neutral helping behavior refined a more specific standard of identification: In the aspect of criminalization,it is objectively required that there is a causal relationship between the neutral helping behavior and the consequences of the infringement of legal interests,and subjectively it must have clear intention.In the aspect of not constitute the crime,it requires that there should be a special relationship between the subjects of behavior.The intention of behavior is to meet the basic needs of life,and the behavior mode is negative inaction,and the behavior attribute is daily,so as to ensure that both subjective and objective aspects are taken.