| Neutrality is the superior concept of neutral helping behavior.Due to the abstractness,indecision,and modesty of the law,a large number of neutral behaviors between legal and illegal behaviors are outside the current legal adjustment.The gap is bound to bring serious social harm.Neutral help behaviors have their special characteristics,that is,they are repeated,continuous,routine,and replaceable,and most of them are acts that perform civil obligations or engage in civil activities.If these acts are included in the ranks of crimes,it will inevitably cause socioeconomic Order is chaotic and everyone is in danger.Therefore,on the one hand,to achieve the purpose of legal interest protection,and on the other hand,to maintain the development of society,how to properly define the punishable scope of neutral help behavior between legal interest protection and freedom guarantee has always been theoretical and practical.Controversial issues.Of course,this discussion of punishable boundaries has experienced the evolution from full punishment to restricted punishment.As the view of comprehensive punishment and the market economy environment are more resistant,they are gradually dying,and there are few supporters.The alternative concentration of the path of most scholars is currently limited to the position of restricting punishment.Although a hundred schools of contention have been debated,more than a century of discussion has not provided a more reasonable theoretical solution to the problem.The latest theoretical trends have all introduced the olive branch to the theory of objective attribution.Because of the rationality of the specificization of the punishment standard and the basis of the accomplice punishment,it has gradually become a powerful theory for studying this issue.Although the objective imputation theory is worth introducing,when it is used in the theoretical field of criminal law in China,it should still effectively sort out its content such as principles,standards,concepts,characteristics of research objects,and the relationship between similar concepts.In accordance with the criteria stated in the theory of objective imputation,if a neutral helper always provides assistance with reasonable reference to the procedures,the accompanying danger is deemed to be reasonable and allowed,because it does not directly promote or promote the danger of violations,and should not be evaluated as unreasonable Only when the neutral assistance does cause dangers such as urgency and seriousness to the infringement of legal benefits,it should be considered that the maximum boundary for the subsequent implementation of neutral assistance freedom is limited,and any unauthorized crossing will make the objective result towards legal benefits.The direction of the realization of the risk of infringement continues,that is,it objectively does promote the completion of the first offense,so the neutrality itself is deprived of its heterogeneity,and it is inevitable to blame.Of course,the author knows that the strength of a single article is not enough to set off thousands of waves,and only through the accumulation of bits and pieces can we improve the criminal legislation of our country.However,as far as the study of the basic theory of criminal law is concerned,just like the "ant moving",through the advocacy of the objective position of liability theory in this issue,it contributes a small amount of power to further explore the reasonable solution of such problems. |
PDF Full Text Request