Study On The Neutral Helping Behavior Of Criminal Law

Neutral helping behavior refers to behaviors that are harmless in appearance,but objectively promote crime.The theory of neutral helping behavior originates from Germany and has aroused extensive discussion in law field domestically and abroad.There are mainly two views about the punishability of neutral helping behavior: one is complete punishment and the other is limited punishment.Generally speaking,scholars in law field advocate limited punishment but fail to reach a consensus about what criterion should be adopted.Although the domestic study of neutral helping behavior started relatively late,the domestic scholars also approve of the limited punishment view.Currently in our country,during the judicial practice,most of the neutral helping behaviors are identified equally with accessory offenders that broadens the sphere of punishment.Therefore,it is necessary to define the clear criterion for the punishability of neutral helping behavior.Based on analyzing the relevant theories domestic and abroad,this thesis aims to put up with the relatively clear and operative punishability criterion combining with the criminal law theory and applying this criterion in specific types of situations.Meanwhile,this thesis analyzes the present patterns of crime of neutral helping behavior and puts forward some suggestions for improvement.Specifically this thesis contains four parts.The first chapter is the general introduction of neutral helping behavior.This chapter focuses on analyzing the connotation and characteristics of neutral helping behavior and defining the sphere of it which in order to find the connections and differences between neutral helping behavior and neutral behavior,the accessory offenders' helping behavior and one-sided accomplice.Chapter two focuses on analyzing the punishability of neutral helping behavior.By summarizing and inducing the relevant theories about neutral helping behavior,this chapter will bring about the punishability criterion of neutral helping behavior.The limited punishment theory is the present mainstream theory,which includes subjective,objective and compromising theories.This thesis approves of the compromising theory,that is the punishability criterion of neutral helping behavior should be established both subjectively and objectively.From the subjective aspect,it will adopt objective imputation theory.The neutral helping behavior increases the risk of principal offender's behavior.Only when this risk is forbidden by law,the actor should assume legal responsibility.The objective theory considers both of cognition factor and will factor.The actor should have a clear recognition when the principal offender is committing or will commit crime.Whether the actor wishes or lets it be will not affect the punishability.Chapter three is about the specific application of the punishability criterion of neutral helping behavior.By presenting the representative neutral helping behaviors in daily life which include merchandise sales,service delivery and bearing civil obligations,this chapter will analyze the behaviors listed above under the specific conditions according to the punishability criterion proposed in the second chapter.The last chapter mainly talks about the crime patterns and perfect proposal for neutral helping behavior.At present,there are two kinds of patterns of crime of neutral helping behavior :1.People who conduct neutral helping behavior will be considered as the principal offender.2.The neutral helping behavior is equal to joint crime.Through the judicial interpretation of the criminal law,this part will analyze under the present pattern of crime,it seems that these two patterns might cause problems such as the tendency of the further expanding possibility of principal offender and lowering the threshold for punishment.Hence there should be a careful consideration about the legislation for neutral helping behavior as the principal offender.At the same time,the judicial interpretation should be restricted.If to do so,the balance will be guaranteed between the legal right protection and civil liberty.