Neutrality To Help The Limits Of The Punishability Boundary

Neutral helping behavior refers to the behavior itself has the purpose of normal social interaction transactions,but objectively promotes the commission of the crime or the occurrence of harmful results.At present,there are difficulties in academic and judicial practice circles on how to punish neutral aids,and we cannot ignore neutrality and convict and punish all of them as traditional aiders,nor can we ignore the helpfulness and not punish them.At present,China’s judicial interpretations and practical cases show a trend of expanding the scope of criminalization of neutral aid,which may cause undue restrictions and interference in civil liberties.In the field of criminal law,the basis for the punishment of neutral helping behavior has mainly undergone a transformation from comprehensive punishment to restricted punishment,and there are various measurement standards within the theory of restrictive punishment.When drawing on the theory,it should be sorted out according to the content of the theory itself,that is,the actor’s helping behavior creates a danger that is not permitted by the law,realizes the danger not permitted by the law,and causes harmful results that meet the scope of the constituent elements of the crime.Most of the neutral helping behaviors in practice are daily behaviors and business behaviors,so it is necessary to start from these two types of behaviors and analyze and explain the punishability boundary of behaviors by limiting the punishment path with the help of objective attribution theory.According to whether a relationship of civil rights and obligations is formed,daily acts can be divided into acts of performing civil obligations and other daily life acts.The principle of uniformity of legal order requires that an act that is recognized as legitimate under civil law cannot be evaluated as a crime at the level of criminal law,so it is not appropriate to punish an act that is recognized as an aider in performing civil obligations;Other daily behaviors refer to the normalized behaviors that meet the basic needs of daily life,and because of their characteristics such as routine and purpose in life,it is generally not appropriate to criminally punish them,otherwise it will interfere with the normal social order and make everyone endanger;Business acts have the characteristics of repetition and continuity,and have their own business rules to be followed,and the perpetrator needs to follow the corresponding rules in the business in performing business activities.