Research On The Punishability Of Neutral Helping Behavior

There are a large number of behaviors between neutral behavior and helping behavior in daily life,such as bank staff handling business for customers who know that customers transfer money for money laundering,taxi drivers sending passengers to their destination knowing that passengers take the bus for robbery,and the boss selling raw materials knowing that an enterprise produces fake and shoddy products,etc.These behaviors objectively promote the realization of the criminal results and have the infringement of legal interests.Subjectively,the perpetrator has the knowledge of suspicion or knowledge of the crime.At the same time,they also have a certain legal appearance.They are different from the traditional aiding crime.This type is called "neutral aiding behavior".The research on neutral helping behavior is of great significance,which is not only the exploration and discussion between freedom and restriction,rights and obligations,legal interests and norms,but also the "touchstone" to test various criminal law theories and crime theories.At present,there are disputes about how to deal with the neutral help behavior,including the theory of no punishment,the theory of comprehensive punishment and the theory of limited punishment.Among them,the theory of limited punishment occupies the mainstream,while within the theory of limited punishment,there are differences among subjective theory,objective theory and compromise theory.Under the premise of the unification of subjective and objective aspects of crime constitution,the subjective theory and objective theory have declined,and there is more internal debate of compromise theory.However,the existing compromise theory still has some problems,such as lack of systematicness and standardization,which is not enough to provide effective guidance for solving the neutral helping behavior.Therefore,in view of the dilemma of the determination of the punishability of neutral help behavior,based on the three-tier crime theory system,this paper puts forward the systematic restriction path,puts forward the corresponding restriction and punishment methods in the three aspects of the conformity of constituent elements,illegality and responsibility,and finally integrates and expounds the determination steps of the punishability of neutral help behavior.