Neutral Help Behavior Criminal Regulation

The owner of the hardware store sells kitchen knives to people who are fighting at the entrance of the store.The taxi knows that the passenger is about to kill and still takes him to the crime location.The bank staff knows that the customer will evade tax and still handles the transfer of funds.These behaviors are usually referred to as Neutral help behavior.From the outside,neutral helping behaviors are harmless behaviors in daily life,but objectively,they all promote criminal behaviors and results.The traditional theory of accomplices believes that as long as they objectively promote the crime of others,subjectively knowing this,they should be punished according to the help of the offender.However,due to the neutrality,dailyness,and substitutability of neutral help behavior,the comprehensive punishment of helping criminals will seriously hinder the development of modern society and disrupt the normal order of life.Therefore,the basic consensus of the academic circle is that necessary restrictions should be taken on the criminalization of neutral help behavior,and the specific restriction path is divided into subjective theory,objective theory and comprehensive theory.Among the various theories,the comprehensive theory based on objective imputation theory has unique advantages in solving the problem of neutral helping behavior.This article is mainly divided into five parts for discussion.The first part introduces the research background,research purpose and significance,combs the research status at home and abroad,and introduces the research content and methods.The second part is to raise questions,draw out disputes in judicial practice through domestic and foreign cases,and define the concept of neutral help behavior to determine the logical basis for the establishment of subsequent standards.In the third part,it analyzes the different theories and viewpoints in the academic circle,discusses the advantages and disadvantages of each theory,and chooses the comprehensive theory based on the objective imputation theory as the path to establish the follow-up standard.The fourth part is to construct the path of regulation from the standpoint of the comprehensive theory,taking the behavior that objectively creates the danger that is not allowed,subjective knowledge and laissez-faire as the path of conviction,and taking the behavior that does not have the expected possibility as the path of guilty.In the fifth part,four typical types of neutral help behavior are put forward,and cases in each type are put forward to test the applicability of the regulatory path constructed in the previous article.