Study On The Punishability Of Neutral Helping Behavior

Neutral helping behaviort is harmless and neutral in appearance,but actually provides convenience for the criminality,and has a subjective understanding of other people's crime.Theoretically its punishability is quite controversial.The theory of mixed provocation claims that the basis for punishment of an accomplice lies in the illegal independence and illegal subordination.While denying "accomplices without principal offenders" and affirming "principal offenders without accomplices",this theory provides a basis for the exclusion of neutral helping behavior.And,the theory of objective imputation is compatible with the theory of mixed provocation,which can make a value judgment on the helping behavior to explain the illegality of the helper,and to explain the subordinatet illegality by causality.So the objective imputation theory is another important theoretical basis for exploring the punishability of neutral helping behavior.In the rules of punishing neutral helping behavior,the theory of objective imputation determines the penalty of neutral help behavior from two levels: behavior imputation and result imputation.The behavior imputation requires neutral helping behavior to increase the risk that are not allowed by law.It must be based on some factors,such us neutral helpers' subjective knowledge,whether the neutral helper violates professional standards,the maximum range of behavior and the usual necessary level,whether the legal benefits of infringement are significant,whether it is in a particular time and space where there is an imminent danger,whether the behavior does not rise or reduce the risk.The result imputation requires the neutral helping behavior to help the principal offender to realize the legal benefit infringement.Only under the premise of the possibility of avoiding the result,can the neutral helping behavior be punished for the harmful consequences within the purpose of regulating protection.In the specific analysis of the punishability of neutral helping behaviors,the operational and routine natures of the behaviors should be fully considered,and the value judgment of the objective imputation theory should be used to determine whether behaviors are worth punishing.