Study On The Path To Neutrality In Helping Behavior

The neutral helping behavior should adopt the compromise theory based on the subjective theory,the neutral helping doer is not aware of the subjective as the first way to commit the crime,the neutral helping doer is not aware that others are committing the crime and give help,should not be identified as an aiding crime.When judging whether the doer has knowledge or not,it should be combined with the knowledge content and degree of knowledge of the doer: If the doer of neutral help wants to form a helping crime,it needs to be fully aware of the nature of the recipient and its own behavior as well as the results of the specific constituent elements caused by its behavior.In addition,neutrality helps the actor’s knowledge of the facts of the constituent elements must reach a high degree of probability,otherwise it is regarded as ignorance.In principle,it can be identified as an aiding criminal if the neutral helping actor helps others even though he knows that others are committing a crime.However,it is necessary to further investigate whether the neutral helping behavior has social equivalence,whether it is fungible,whether it has a substantial promoting effect on the harm result and other objective behaviors.Only when the neutral helping behavior also satisfies that it is not social equivalent,not fungible,and has a substantial promoting effect on the recipient’s behavior can the behavior constitute a crime,otherwise it cannot be identified as a crime.