Studies On The Neutral Helping Behavior

In real life,there are many behaviors that look the same as their daily behavior and have no law profit violated by themselves,but when they are combined with the criminal behavior of the principal offender,indirectly contributes to the occurrence of criminal results.The perpetrator,subjectively,is not intentional crime for the damage.It is worth discussing whether we can evaluate the neutral helping behavior as aiding crime.At present,our research on this issue is still shallow,only a small number of scholars put forward their views on the basis of reference to related criminal law theories Germany and Japan.However,there is still not a broad consensus in the field of criminal law.But in the judicial judgment,the neutral assisting help behavior is not regarded as a question,only gives the criminal law appraisal of the general assisting behavior.However,it is because of the particularity of neutral helping behavior that it can not be considered as a punishable aider.This paper will study the neutral help behavior through four parts.The first part introduces the origin of the problem,through the classic cases,and then defines the concept and characteristics of neutral helping behavior,and briefly describe its research value.In the second part,the author combs and analyzes the penalty theory of neutral helping behavior,taking the German theory as the foundation and adopting Japanese theory and domestic theory to discuss it from three angles: subjective limiting path,objective limiting path and compromise limiting path.And then the author express his view on the penalization of neutral helping behavior.The third part classifies and analyzes common neutral helping behaviors.The neutral assisting behavior is divided into seven typical behaviors,and each type of behavior is subdivided and the problem of responsibility determination is analyzed at the same time.In the fourth part,this paper briefly analyzes the incrimination of neutral aiding behavior,including the current situation and necessity of incrimination.This paper probes into the dilemma of the neutral assisting behavior in the criminal law of our country,and puts forward some necessary views on the incrimination of the author.