A Punishable Study Of Neutral Help

With the advent of the information age and the continuous development of the society,more and more neutrality help has become a "assistant" for criminal offenders to carry out criminal acts,which has violated the legal interests protected by the criminal law and produced serious social harmfulness.Therefore,it is particularly important to enhance the punishability of neutral help behavior.Most of the theoretical and practical circles regard the neutral help behavior as a help offender based on the theory of joint crime.However,the general rule of criminal law does not stipulate the penalty of neutrality,whether it can be included in the scope of penal punishment and where the penalty limit is,there is a great controversy between the theoretical and judicial practice circles.This paper first introduces the concept and characteristics of neutral help behavior,and divides the neutral help behavior and help behavior according to the accomplice in the common crime,and highlights the particularity of the neutral help behavior.Secondly,the present situation of neutrality help behavior is analyzed from two angles of legislation and judicature,and on the basis of the excellent theoretical results of Germany and Japan and the views of mainland scholars and Taiwan scholars that we should stand on the standpoint of the penalty theory on the punishability of neutrality help behavior.Punish it.Neutral help behavior means that it is harmless in form and accords with the purpose of legal protection,but it objectively provides convenience for criminal behavior.This behavior is universal,neutral and so on.Generally it is not included in the penalty area of criminal law.In judicial practice,neutral help exists widely,but because the penalty standard of neutral help is not clear,many neutral help acts have escaped the legal sanctions,and some neutral help acts are improperly punished.In the process of punishment,the neutrality help behavior is too extensive and the punishment is too large.I will follow the rule of modesty and social harmfulness of criminal law and the particularity of neutral helping behavior,and define its standard.In particular,the author,based on the methodology of the compromise,should consider both objective and subjective factors as well as subjective thinking to identify the penalty criteria for neutral help.The objective standard is based on the objective attribution theory,to see whether the behavior has made the risk which the law does not allow.The subjective standard is determined by the will and cognitive factors of the perpetrator.The actor should not only be aware of the practice of the criminal,but also have the will factors to actively pursue the purpose of the crime to form a subjective judgment standard.The combination of subjective and objective aspects can be regarded as a criterion for punishability of neutral help behavior.According to the problem that the punishment of neutrality help is too big,the author thinks that we can adjust the sentencing of the help offenders moderately,reduce the punishment of neutrality help,and control the penalty surface of the criminal law.As for the wide range of punishment objects,we should draw lessons from the punishment standard referred to in the text and limit it.