Study On The Punishmentability Of Neutral Help Behavior

The more refined social division of labor makes the interaction between the various actors more frequent and staggered,and there is a casual connection with the illegal and criminal acts in order to obtain their own legitimate interests,but this seemingly accidental and harmless social transaction or service behavior has played a role in promoting the occurrence of criminal acts,which was the first "neutral helping act" proposed by Germany The speciality and complexity of the act of neutral assistance make it a contradictory combination.On the one hand,the act of neutral assistance to the perpetrator does help to carry out the criminal act,which infringes the legal interests protected by the criminal law and should be punished by the criminal law;on the other hand,not all acts of neutral assistance have the conformity of the constituent elementsIn recent years,the research on the criminal responsibility of neutral helping behavior has been paid more and more attention by domestic scholars,especially after the typical cases appear,the research on neutral helping behavior has been pushed from the theoretical to the judicial practice,and the demand for the research on the punitive nature of neutral helping behavior is more urgent,which also challenges the current punishment methods.The article tries to answer this urgent need by analyzing the act of neutral helping,combining legal provisions and judicial practiceThe study of the punitive nature of neutral helping behavior should first clarify the connotation of "neutrality",which makes the neutral helping behavior have the characteristics of uncertainty,repetition and routine,which is also the difference between neutral helping behavior and helping behavior.Secondly,we search various theories about neutral helping behavior at home and abroad,and provide theoretical support for analyzing the penaltyability of neutral helping behavior in this paper.The theory of neutral helping behavior penalty dispute never give any difference to the comprehensive penalty theory,gradually transition to even the current dominant position of the limited penalty theory.In the theory of limiting punishment,it is divided into subjective theory,objective theory and comprehensive theory.Both subjective theory and objective theory have their own advantages,but in our country,most scholars adopt the unified view of subjective and objective.Analyzing and analyzing the current legislative and practical disputes about neutral helping behavior in China provides the basis for studying the punishment standard of neutral helping behavior.Once again,the neutral helping behavior is classified as domain,criminal and accomplice,and the different types of neutral helping behavior in practice are analyzed and summarized.Finally,based on the study of scholars,the author puts forward that the punishment standard of neutral helping behavior should be unified subjective and objective.Therefore,it is of great practical significance for the theory and practice of neutral helping behavior in our criminal law to standardize the penaltyability of neutral helping behavior.