The Scope Of Punishment For Neutral Aid

The problem of neutral help behavior is whether an act that appears to lack impunity can be established to help offenders.In the initial discussion on the neutral Act,to ensure the validity of the conclusion,there was a tendency to try to solve the neutral action case by presenting a special standard,separate from the general approval requirement of assisted.However,even if the special theory presented was a criterion suitable for the punishment sentiment,it cannot be evaluated as an expedient criterion if it cannot be applied generally to help offenders.The method of presenting a special punishment range limitation theory that can be applied only to a certain type of action has already lost its support.In recent years,there is a tendency that a limited theory of punishment is constructed by the method of re-examining the general approval requirement of the assisted offender.This paper intends to focus on this kind of restriction path,and based on detailed investigation of the existing solution,put forward the neutral help behavior problem solving ideas in this paper.The first part reviews the dual attributes of neutral helping behavior "neutrality" and "helper",and clarifies the connotation of neutral helping behavior.The second part,first,review the neutral help penalty theory,the theoretical penalty restriction path is divided into: 1.Limit the scope of penalty by proposing special penalty benchmarks;2.By reviewing the general founding elements of the helper,two restricted paths.This paper uses the second restriction path,and draws on Germany's objective imputation theory and its inferior principle to investigate whether the neutral behavior has created the risk that is not allowed by the law.The third part,put forward this article to the neutral Help behavior punishment scope question viewpoint and the ponder.To examine the behavior of neutral help from the formal and substantive.In form,whether there is a factual causal relationship between theact of Help and the behavior of the positive offender and the result of the constituent elements.The substantive level,with the help of the objective attribution theory and its inferior imputation,determines whether the act is created without the law to allow the risk.The final part,the review of the issue of the penalty of neutral help behavior in China's legislative provisions and judicial application of the status quo,the conclusion of China's legislation and judicial interpretation to negate the concept of neutral help behavior,and legislation presents the trend of the expansion of the caliber of the crime of entry and exit.To test the appropriateness of the conclusion,this paper makes a theoretical review of the judicial examples based on the theory of the limit of the penalty scope of the neutral help behavior which is proposed in this article.