Research On The Punishability Standard Of Neutral Assistance

German scholars put forward the theoretical example of hardware store sales to bring neutral help behavior into the public eye.The domestic neutral help behavior in China was first studied by Professor Chen Hongbing.Later,due to the emergence of the "quick broadcast case",the criminal law theoretical community and society aroused widespread concern and discussion.Neutral help behavior exists in all aspects of social life without harming it.Because neutral help behaviors are harmless in appearance but actually promote the occurrence of harmful behaviors and harmful results,whether such behaviors should be affirmed by the possibility of punishment and whether criminal law is required to regulate them.Criminal law at home and abroad does not make clear provisions on neutral assistance behaviors,which makes it difficult for criminal cases to encounter unified criminalization or guilt.In the context of the Criminal Law of the People's Republic of China,this article will focus on the punishment of neutral help behavior and the choice of the path to the crime.Firstly,this paper clearly defines the concept of neutral help behavior,and summarizes five main characteristics,and distinguishes it from other help behaviors of accomplice,which lays the foundation for the subsequent discussion.Secondly,with the help of case analysis method,the problem of neutral help behavior standard is detailed,which is mainly divided into three parts:The first part,through the classical example of German scholars,puts forward the problem that the scope of subject and object of neutral help behavior is difficult to limit;The second part,through the "fast broadcast case",puts forward the problem that it is difficult to limit the role of neutral help in promoting the principal offender's behavior;The third part,through the case of"Lin Xiaoqing is accused of fraud and extortion",puts forward whether the expectant possibility can be applied to the relevant practical cases of neutral help in China and how to apply it.Thirdly,by introducing the theories of foreign scholars and expounding the author's personal thoughts on various theories,and then combining with the background of criminal law in China,we can draw on the locally applicable theories.Finally,the basic path choice of the punishability standard of neutral help behavior is proposed:Adhering to the general direction of the theory of limiting punishment,standing on the position of objective and subjective dual responsibility,the standard of punishability of neutral help behavior is clearly defined.On the basis of the basic path,this paper gives the specific solution to the three problems of the penalty standard of neutral help behavior.We should clarify the standards of determining the punishability of neutral help,so that there are laws to abide by in the conviction and sentencing of neutral help.