Research On The Punishabilitv Of Neutral Aid

Neutral helping behavior refers to a kind of behavior that is innocuous in a ppearance,but objectively plays a helpful role in the criminal behavior of others.It has the characteristics of substitutability,repeatability and one-sidedness.whic h are different from the traditional helping behavior.As for the punishability of neutral helping behavior,it is essentially a question of whether the helping crime can be established and what kind of standard to punish.China’s current crimina 1 legislation does not make systematic provisions for the punishment of neutral h elping behavior,which is mostly scattered in the provisions of criminal law and relevant judicial interpretation.In accordance with the current situation of punish ment in China,there is a tendency of comprehensive punishment without distinct ion from the traditional helper,and most of the punishment is directly identified as ordinary helper in accordance with the mode of "knowing clearly + neutral h elping behavior".The theoretical discussion on the criterion of the punishability of neutral helping behavior originated from Germany and experienced the theoreti cal change from comprehensive punishment to limited punishment.The restricted punishment includes the subjective restricted path,the objective restricted path a nd the comprehensive restricted path,and the theories and views in each restricte d path have not formed a unified identification standard.At present,the compreh ensive restricted path based on the objective attribution theory has become the m ainstream view.The application of objective imputation theory to solve the punis hability of neutral helping behavior is exactly consistent with the punishment bas is of accomplice,and its hierarchical judgment standard and the principle of the unity of subjective and objective are more appropriate in the specific judgment o f the punishability of neutral helping behavior,which can effectively prevent the expansion of punishment.So for neutral help behavior to specific standards,in c ombination with our current position and punishment legislation law under the pr emise of the objective level with the introduction of the three major elements of the objective imputation theory to define,of the perpetrator in subjective aspect s pay attention to "knowingly" judgment,thus help to neutral behavior of punish ment standard to clear.