Criminal Penalty Analysis Of Neutral Help

The cases of neutral helping behavior are common in judicial practice,but due to the lack of unified standards for the determination of such cases in the current judicial trial,different judgments of the same cases occur from time to time.Therefore,in the judicial practice,it is urgent to sort out and summarize the neutral helping behavior cases,to find out the various situations that may arise in such cases,to conduct an integrated analysis,and to explore in depth,so as to make the problem clearer.At the same time,it is beneficial to the unification of judicial standards and to avoid the appearance of different judgments in the same case.Therefore,the legal research of such cases has very practical value.In this paper,three types of neutral help behavior are combed in the form of case analysis.After combing and analyzing the case and related theories,the following conclusions are reached:As for whether the act of neutrality in transportation service can be punished,we should proceed from the perspective of post observation to compare the situation of whether there is such a behavior,so as to judge the influence of the neutral transport behavior on the result of the principal offender.If there is no such neutral transportation help behavior,criminal crime result will not happen,or time of occurrence of the serious degree of the crime or serious lag will decline sharply,then help transport behavior of the neutral on the principal result has great effect;conversely,the neutral transport behavior to help the principal result would not have much impact.In the case of network service provider neutral help,in general,the network service provider should not be held criminally liable for the user’s violation of the law,but under certain conditions,That is,the obligation of prior review explicitly conferred by our law and the explicit notification of the violation by the relevant right holder,the network service provider has the obligation to take measures to stop and remove the relevant content.In this case,the network service provider who has the ability to perform and refuses to perform may establish an accomplice for inaction.When there is a special relationship between the perpetrator and the criminal,and the behavior of the perpetrator is neutral help,the standard of conviction should be restricted.