Research On The Punishability Of Neutral Help Behavior In Criminal Law

In our daily life,there are a wide range of neutral behaviors,these behaviors are seemingly harmless,in essence,the cause of the crime results,but the characteristics are daily,helpful,neutral things.The punishment based on the traditional help theory can launch a wide range of attacks and restrict the free communication of citizens,which is not conducive to the development of social economy.The discussion about neutral support has been discussed in Germany and Japan for years,and only a few scholars have studied it in recent years.German and Japanese theories,as well as the current attitude of the Chinese theoretical circle,should not completely maintain neutral cooperative behavior,but should limit the scope of neutral cooperative behavior.The legislation of neutral cooperative behavior in China is blank and can only be the judicial interpretation of neutral cooperative behavior.In judicial practice,neutral assistance is a criminal offence.The act of aiding criminals is controversial.The first part of this paper mainly summarizes the neutral assistance behavior,which mainly explains the particularity of neutral assistance behavior and its relationship with prisoners.The second part mainly introduces the punitive theory evolution of neutral aid behavior and the domestic practice attitude.Although Germany,Japan and China all agree that the scope of punishment for neutral assistance should be limited,this is only a subjective,objective and eclectic theoretical difference.However,it is necessary to seriously consider the attitude of the actual departments.The third part is the penalty possibility standard of neutral behavior,which limits the penalty scope according to the principle of subjective and objective consistency.Subjectively,have a clear understanding.In principle it is limited to direct intent and in some cases indirect intent is also considered.Objectively speaking,actions should create real,tense,and substantial risks,and have causal relationships and eliminate situations.The fourth part will analyze the types of neutral aid behaviors,and apply them to four kinds of neutral aid behaviors that meet the criteria proposed by the author,and specifically judge how to deal with them.