Penal Regulations For Neutral Assistance

There is a difference between neutral help behavior and ordinary helpers,but it has not received much attention in the status quo of legislation and judicial practice,and has been controversial in theoretical research.It is usually equated with general help behavior.However,indiscriminate punishment will improperly increase the citizens' duty of care and restrict normal communication.In the context of a legislative context that helps to increase the independence of behavior,it is important to set standards for neutral assistance to limit criminalization.Under China's four-component crime constitution system,restricting the neutrality and help behavior to be criminalized can follow an objective to subjective approach.On the objective side,first determine the causal relationship between the helping behavior and the offender's behavior and the result of the first offender.Then,through objective attribution theory,the factual causality is screened,and the factual causality that meets the standard is transformed into the causality in criminal law.In the subjective aspect,helping offenders are essentially criminals of purpose.Only those who help the offenders know their behavior and their role in promoting the offenders,and are willing to help the offenders,will be blamed.Purpose and intentional are two concepts that do not distinguish between direct intentional and indirect intentional.The full text is divided into five chapters:The first chapter mainly introduces the research background,literature review,research methods and ideas.The second chapter mainly discusses the status quo of the punishment of neutral help behavior in China.The comparison between the fast-broadcasting case and the "winny" case leads to problems in China's judicial practice,and then discusses the existing problems in China's current legislation.The third chapter mainly discusses the theoretical basis of punishability of neutral help behavior restriction.Clarify the connotation and characteristics of neutral help behaviors,as well as the differences from ordinary help behaviors,and analyze the theoretical basis of crime based on their characteristics.This paper reviews and analyzes various theories at home and abroad,and analyzes them from the perspective of criminal law objectivism and accomplice punishment.It is considered that neutral behavior is not fully punishable,and it is reasonable to restrict its criminalization from an objective perspective.The fourth chapter mainly discusses the concrete standards of neutrality to help limit crimes.It advocates the limitation of the criminalization approach from the objective aspect to the subjective aspect.Objectively,it should start with causality,and screen factual causality with substantive impact through objective attribution theory to investigate whether it exceeds the danger of ordinary life,distinguishes professional behavior from general The behavior and exclusivity are transformed into compliance with the standards into a punishable cause and effect relationship in criminal law.It is subjective in terms of behavioral understanding and will punishment,and recognizes precisely that criminal acts and self-behaviors have a promoting effect on them and help the will of criminal acts.Chapter 5 is a typed analysis of neutral help behavior.Since China's judicial practice does not pay much attention to neutral help behaviors,it is difficult to properly handle related cases,and the specific behavior is analyzed through the foregoing theory.It is mainly aimed at the neutral behavior of network services,combined with the specific application of the newly added Article 287 bis of Revised Nine and the interpretation of the law.Then it discusses daily sales behaviors,transportation services and other daily civil behaviors,and summarizes the criteria for identifying different types of behaviors in judicial pract.