| Under the current social situation,society is in a state of risk.In such a social background,such a behavior appears.Such behavior is usually harmless from the outside.However,in its development process,it has actually promoted the occurrence of certain criminal behaviors.In the criminal law,it is called neutral help behavior.The neutral help behavior originated from a classic case proposed by German criminal jurist Petka in 1840,which is the famous "chopper case".This article is divided into four parts,the first part is the first two chapters of the article.The first chapter of the thesis is an overview of neutral helping behavior,which is divided into three subsections,which are the origin of neutral helping behavior,the connotation of neutral helping behavior,and the characteristics of neutral helping behavior.The section on the characteristics of neutral helping behaviors describes in detail the five characteristics of neutral helping behaviors.These five characteristics are neutrality,helpfulness,substitutability,dailyness and repeatability.And the section on the origin of neutral help behavior mainly introduces the origin of neutral help behavior in the German criminal law circle,and basically introduces the simple development situation after its origin.The section on the connotation of neutral helping behavior was inspired by the analysis of Professor Chen Hongbing's definition of neutral helping behavior,and he gave his own simple definition of neutral helping behavior.The second chapter is the difference between neutral help behavior and related concepts.Because this chapter mainly introduces some behaviors in the criminal law,first section I introduces what behavior is.Then through the last three sections,the neutral helping behavior is distinguished one by one from the helping behavior,the neutral behavior,and the one-sided helping criminal.The second part of the article is the third chapter of the article.It mainly introduces the theoretical controversy of the penalties of neutral helping behavior,which is divided into three sections.The first section introduces the comprehensive punishment theory in detail,and the second section introduces the restricted punishment theory in detail.The restricted punishment theory can be divided into subjective theory,objective theory and compromise theory.These three theories are separately developed in detail,especially the objective theory introduces eight theories including social equivalence theory,occupational equivalence theory,and objective causality theory.And analyze the respective advantages and disadvantages of each theory.This will facilitate the writing below.The third part of the article is the fourth chapter of the article,which mainly introduces my own views on the specific punishment standards for neutral help behaviors based on the analysis of various theories in Chapter 3.This chapter formulates specific judgment standards from the objective and subjective aspects.At the same time,this chapter is also the most difficult part of this article.The last part of the article is the last chapter of the article,the fifth chapter.It mainly introduces the specific application of the penalization standard of neutral help behavior,which can be divided into five subsections,respectively,for transportation behavior,merchandise sales behavior,behavior of performing duties,behavior of fulfilling civil obligations,and behavior of providing network services.Use the specific standards put forward in Chapter 4 to make a one-by-one analysis.In summary,the study of the penalties of neutral help behavior is meaningful and necessary.It is hoped that through the above research on this issue,the theoretical connotation of my country's criminal law can be continuously enriched,and some specific problems in practice can also be effectively solved. |
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