Study On Restraint Penalties Of Neutral Helping Behavior

Neutral helping behavior is an accidental combination of crime,which objectively helps the criminal conduct or promotes the occurrence of the criminal result,and is neutral and harmless in appearance.The perpetrators of neutral helping behaviors usually have no illegal objective subjectively,and their behaviors have independent social significance.They are an important part of our daily life and play an important role in the orderly operation and normal development of society.Neutral helping behaviors are different from general helping behaviors.Its neutrality,routine,and the contingency of adding merit determine that not all neutral helping behaviors can constitute helping offenders,and the punishment of neutral helping behaviors must be limited.They cannot be dealt with according to the traditional helper criminals.Neutral helper behaviors may establish one-sided accomplices,and there are similarities with indirect principal offenders.In most cases,no crime can be established.To punish all acts of neutrality and help by helping offenders will unduly expand the scope of criminal law crackdowns,increase the intensity of criminal law crackdowns,and be detrimental to the protection of civil liberties.The purpose of suppressing the expansion of criminal law has prompted the emergence of the theory of neutral helping behavior,and limiting the punishment of neutral helping behavior is the need to balance the protection of the value of civil liberties and the value of crime prevention and control.Therefore,it is necessary to limit and punish neutral helping behaviors.Most of the academic research on neutral helping behaviors is intended to establish a standard for limiting the scope of punishment for neutral helping behaviors.Germany was the first to study the behavior of neutrality and help,and Japan subsequently started related research and developed the theory of comprehensive punishment and limited punishment.The comprehensive punishment theory does not take into account the specificity of neutral helping behavior,and treats it as a general helping behavior,which has almost no supporters today.The academic circles of criminal law at home and abroad are basically unanimous in support of the fact that neutral help should be limited and punished,and the theory of limited punishment has become the current mainstream theory.In our country,the related research is still rare.In the existing theoretical research,the limitation and punishment theory has been widely supported by Chinese scholars.The appearance of neutral helping behavior is very similar to the assisting offender.Because the neutral assisting perpetrator’s help is intentionally unknown to the main criminal,the neutral assisting act is similar to the one-sided assisting offense.reference meaning.For how to limit the punishment of neutral helping behavior,after studying the relationship between neutral helping behavior and one-sided accomplice,analyze the independence of neutral helping behavior.In accordance with the principle of statutory crime and punishment,the principle of adapting crime and punishment,and the unification of subjectivity and objectivity,the punishment of neutral assistance acts is restricted,and different neutral assistance acts are classified and punished.