| With the evolution of production methods and the development of science and technology,the division of labor in society has become more and more elaborate,the chain between behavior and results has been continuously elongated,and public behavior has been involved in the chain among the constant interactions.As a commodity that is ubiquitous in daily life,sales,rental,transportation,etc.may be objectively helpful to others and commit crimes,and become a link in the causal chain of results.The so-called neutral help behavior means that the behavior is accidentally related to criminal behavior,but the behavior itself is the commercial purpose or communication purpose permitted by the law,and how the result indirectly caused by the behavior is solved.According to the traditional theory of help-punishment,the appearance of neutral helpers who meet the requirements of helpers as punishment for helpers seems justified,but not all neutral help acts are punishable.If the above is punished as an aid,it will lead to a normal socio-economic life stagnation.Citizens must prudently examine whether the other party has a criminal intent in carrying out normal communication activities,at the expense of citizen's freedom of action in exchange for legal protection,which is against the concept of the rule of law in China.It is the neutral help behavior that has the two sides of “angel” and “devil”.The German and Japanese theorists have reached a consensus on the restriction punishment theory of neutral help behavior.However,in our country's criminal law,there is no concept of neutral assistance behavior.In the judicial practice,it is indiscriminately punished according to the helper and expands the range of accomplices.How to determine the behavior of neutral help behavior,which are socially harmful should be subject to the criminal law,and why should be punished,punishment behavior and the criteria for distinction is what? How to make a clear distinction between non-punitive neutral help behavior and punitive neutral help behavior based on the principle of statutory crime is the focus of research on neutral help behavior.This article is divided into the following five sections.The chapter one starts with the introduction of the specific case and the main disputes.If we only analyze different types of behaviors from commonalities,it is inevitable that they will be empty.This article systematically studies cases with typed thinking and summarizes the behavior of neutral help that belongs to the same category.It is divided into four types: network service provision,commodity transaction,business service,and civil contract.In this way,not only can the reader intuitively understand the scope and penalties of neutral help behavior,but also facilitate the study of different types of cases in this paper.The chapter two first discusses the theoretical basis for the definition of neutral help behavior,and secondly discusses whether the cases listed in the first chapter belong to the neutral help behavior.The chapter three is divided into two parts.The first is that the theory of neutral help behavior is based on the help of guilty theory.Helping criminals to solve the theory that the tentacles of criminal law can be extended to other than the actor is guilty,through the theoretical argument of the cause and effect of the compromise caused by the statement to become the standard of punishment to help the offender.The second is the theory about the punishability of neutral help behavior at home and abroad.The author focuses on reviewing theories of the comprehensive punishment theory and the restriction punishment theory existing in the German theory.The chapter four presents the author's point of view.Guided by crime composition theory,eclectic causation theory is the starting point,based on objective theory of imputation,and combined with subjective aspects of the actor to discuss the punitive standards of neutral help behavior.Finally,the above-mentioned typed case was discussed with the theory. |
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