Analysis On The Inculpation Of Neutral Assistance

Daily behaviors which seem harmlessly,such as,Sales behaviors, financial services, network services,facilitate the crime actually. The question that Whether these neutral assistance can be included into accessory is very popular in foreign countries,but our country pay little attention to the question academically or practically.And whatever in theory or in practice there is a trend to treat the neutral assistance as accessory,but it will expand the scope of the crime. We should study the neutral assistance in theory firstly,and when the theory is mature we can regulate it in law. This paper I mainly use the method of comparison,based on the study of theories and cases in foreign countries,and put forward my ideas about perfecting the law.There are five chapters studying on the theory of neutral assistance in this article.The first chapter focuses on the definition of neutral assistance,aiming to distinguish neutral assistance from aiding behavior.The second chapter concentrates on the theory disputes about neutral assistance in foreign countries.These are different kinds of theories, and though the overseas scholars have different ideas on the punishment scope,most of them agree on that it’s should limit the scope of punishment.Generally speaking,there are subjective theory and objective theory.Each theory has its own advantages and defects.The third chapter discusses the conditions needed when the neutral assistance becomes the accessory.The fourth part analyzes different kinds of neutral assistance.The last chapter will introduce my ideas on perfecting legislation about neutral assistance.Based on the regulations of foreign countries,I will propose my suggestions that how to improve legislation.