A Study On The Regulation Of Neutral Helping Behavior In Criminal Law

The prosperity and development of economy and society promotes the highly complicated division of labor,which promotes the occurrence of countless daily life behaviors and business behaviors every day,some of which are directly or indirectly connected with crimes by chance,and are used by crimes to provide help for crimes.This kind of seemingly daily,standard life or business activities,but essentially contributes to others’ criminal behavior,we call it neutral help behavior.Neutral help behavior is academic attention,because neutral help behavior more from People’s Daily life,if not to scientific and reasonable punishment standards for regulation,is likely to affect People’s Daily life and economic activities,so the neutral help behavior qualitative and determine whether the criminal penalty,how to limit the scope of punishment research is necessary.Neutral help behavior is not justified,but should adhere to the view of the punishment of the two points,and judge whether the behavior can be punished through the application of specific judgment rules.Neutral help behavior is different from the general help behavior,which is neutral,helpful and criminal of the criminal help object.Neutrality is the key to distinguish neutral help behavior from general help behavior.Throughout our country criminal legislation,judicial interpretation and judicial practice for neutral help behavior of punishment problems,although has the neutral help behavior occasionally involved,but did not explicitly put forward the concept of neutral help behavior,is in the neutral help behavior and general help behavior mixed treatment stage,thinking practice of neutral help behavior can punishment range of processing,found that improper expansion of punishment scope,no clear punishment standards.In practice,the theory of neutral help behavior has not really come to its function,and the academic view on the punishment scope of neutral help behavior has not been adopted.In this context,it is more realistic to discuss how to reasonably identify the scope of neutral help behavior.The theoretical discussion on how to punish the neutral help behavior mainly includes the comprehensive punishment and the restricted punishment.The total punishment is gradually abandoned by the academic circle because of its too large scope of punishment and too limiting people’s freedom of behavior,and the restricted punishment is supported by most scholars.In the restricted punishment said the internal is divided into subjective,objective and comprehensive.The subjective theory and the comprehensive theory have a deviation in the methodology of limiting the punishment scope of the neutral helping behavior.Starting from the objective theory,using the objective attribution theory to study this problem is a powerful theory to solve the problem of the penalty range of the neutral helping behavior.The introduction of objective imputation theory,on the basis of fit the basis of accomplice punishment,only when the behavior of the actor should not only "create the danger of not being allowed",but also "realize the danger of not being allowed",can it be blamed,so as to help the offender.The neutral help behavior is complicated,and the behavior pattern is also very different.The typed research is of great significance for the identification of the punishment scope of the neutral help behavior.Will be the typical type of neutral help behavior,the common sales neutral help behavior,provide service class neutral help behavior and technical neutral help behavior,according to the above established the neutral help behavior regulation path of different types of neutral help behavior can penalty range analysis,in order to practice neutral help behavior problems provide help.