The Restricted Path And The Punishment Boundary Of Neutral Help Behavior

Neutral help behavior is characterized by daily,repetitive,and continuous nature,and it is difficult to distinguish it from daily behavior and civil behavior.Some neutral help behaviors indirectly lead to legal infringement results,which have serious social harmfulness.They must be punished for punishing crimes and protecting people's needs.However,although some neutral help behaviors help the realization of crimes but do not have substantive illegality,punish this kind of behavior will suppress the normal people's freedom of behavior,so it is necessary to reasonably determine the scope of neutral help behavior punishment.Scholars put forward their own restrictive path around the scope of neutrality to help the punishment of behavior,but the practice of restricting it to a certain level of the theory of class crime cannot solve this problem reasonably.The neutral help behavior worthy of punishment is firstly in line with the behaviors that help the constituents of the crime.Therefore,it is necessary to trace the source of the punishment and determine the scope of the punishment,the essence of the abettor is the causal relationship.It is the help of the result.In the specific judgment,the causal relationship needs to be judged to the degree of closeness,and the help behavior needs to be time and space tight;to protect the legal interest,it is necessary to judge whether behavior actually promote the substance of the results.The result or the legal infringement risk has a substantial promotion;the subjective level needs to help people know the criminal facts being committed.In addition to “help”,the neutral help behaviors need to consider “neutral” characteristics.The difficulty in identifying neutral help behavior is that it is both neutral and helpful.On the one hand,some help behaviors promote the results of legal benefits.On the other hand,their behaviors is the same as daily behaviors,business behaviors and professional behaviors.The higher the degree of substitutability of help behavior,the more consistent the behavior is “neutral”.The higher the degree of violation of behavior,the higher the necessity of legal protection.Therefore,from the perspective of measuring the interests of maintaining freedom and safeguarding legal interests,the specific point of balancing the two is to examine the degree of illegality of behavior and the substitutability of behavior.This article mainly discusses from the following five aspects.The first part,the problem is raised,the daily neutral behavior of the people is used by the principal,the balance between punishing the crime and guaranteeing the freedom of citizens' behavior,and the reasonable delineation of the scope of neutral help behavior punishment is realistic practice and The problem of theory;discuss the concept and nature of neutral behavior,determine the object of discussion in this paper,and analyze the attitude of current legislation and judicial interpretation to deal with such problems;the second part analyzes the academic viewpoint of neutral help behavior,subjective Restrictive theory,objective behavior limitation theory and objective causality limitation limit the three camps,and have their own branches,to explore the meaning and inadequacies of each doctrine;the third part,trace the roots,determine the neutral help behavior needs to determine help the essence of the crime,the essence of the help is the help of the result of the offense,and then based on this,in the methodological sense,the subjective aspect knows,the closeness of the causal connection,the essence of the legal benefit violation promotes the three levels as the judging criteria.Maintaining the balance between legal protection and freedom protection to examine the degree of illegality and substitutability of helping behaviors;the fourth part analyzes and judges the types of common neutral help behaviors,in order to test the rationality of theory.