Research On Neutral Helping Behavior In Drug Crime

Neutral helping behavior refers to the behavior that appears harmless but objectively promotes the crime.Different from the traditional neutral help behavior,the neutral help behavior in the field of drug crime also has distinct characteristics because of its unique economic crime attribute.That is,neutral helping behavior in drug crime refers to the seemingly harmless,unrelated to drug crime,does not pursue illegal purposes,but objectively plays a role in promoting the implementation of drug crime such as the crime of producing,selling and providing fake drugs,and the crime of producing,selling and providing inferior drugs.The neutral helping behavior in drug crime has the characteristics of neutrality,profit and occupation.From the perspective of judicial practice,this kind of behavior mainly includes four types:neutral helping behavior in logistics and storage service,neutral helping behavior in printing and assembly service,neutral helping behavior in financial service and neutral helping behavior in network publicity service.For these acts,the judicial interpretation clearly stipulates that the neutral help behavior in some drug crimes can be dealt with through joint crime.However,in judicial judgment,this rule of judicial interpretation has not been well applied.This dilemma is closely related to the punishment of neutral helping behavior,the constitutive characteristics of joint crime and the rule of proof of accomplice.There are many theories about the punishment of neutral help in criminal law theory at home and abroad,which leads to different understandings of judicial organs on whether it is necessary to investigate criminal responsibility for neutral help.In terms of the constitution characteristics and proof rules of joint crime,from Article 9 of the interpretation of handling production and sale of fake and inferior commodities in 2001 to Article 9 of the Interpretation of Drugs,judicial interpretation has always maintained a strict punishment orientation for neutral help behavior of drug crime,and adopted the treatment path of "joint crime is punished".There is no requirement that those who produce or sell counterfeit or substandard drugs and those who provide help have a joint criminal connection.However,criminal legislation is different from that.The first paragraph of article 25 of criminal Law defines joint crime as "intentional crime committed by two or more people together".Contrast drug crime neutral help behavior related to explain rules and practice of criminal law evaluation process specifications of the logic,the implementation of the current interpretation rules and judicial practice of the effect is not ideal,lack of regulation and regulation lies in the deep-seated reasons for judicial interpretation system of its own defects evaluation and general accomplice contradiction,the applicable entanglements that generates the judiciary.Based on the above analysis,in order to solve the dilemma of judicial determination of neutral help behavior,it should be clear that neutral help behavior is punishable in theory,and objective attribution theory is more specific,harmonious and hierarchical in judging the problem of punishable,which can be adapted to the criminal governance of drug crimes.In judicature,differentiated subjective and knowingly proof rules should be constructed,and guiding cases should be issued to clarify the identification standard of one-sided accomplice.In terms of legislation,it is necessary to add relevant provisions on one-sided accomplice in the general provisions or legalize the act of helping.Through the analysis of legislation and judicature,the criminal law regulation of neutral helping behavior in drug crime can be realized,and the balance between protecting the freedom of trade and ensuring the safety of drugs can be achieved.