Study On The Criminal Punishability Of Neutral Helping

The concept of neutral help act in our criminal law theory field has not been long,and in the practice of criminal law,there are not many reasoning precedents,but the neutral help act exists in the social life largely.Meanwhile,there are many neutral help act which should not be criminalized in our judicial practice.This not only does not conform to the principle of criminalization.It is easy to make the criminal law,as the bottom line of social norms,constantly scramble for the space of the pre-law in advance,and also make citizens have the disadvantage of not knowing what to do.The concept of neutral helping behavior is easy to blur and cross with the general helping behavior.When the neutral helping behavior is criminalized,it is easy to appear inappropriate judicial reasoning.Therefore,it is of great significance to make clear the concept of neutral help in time,distinguish the difference between neutral help and general help,and put forward a set of mature and replicable model for defining the path of neutral help in judicial practice,which is of great significance to perfect the development of criminal law practice.By referring to relevant theories at home and abroad,this paper selects typical cases in Chinese judicial practice as the starting point,focuses on introducing the concept and identification of neutral helping behavior,and gives comprehensive suggestions on how to limit the criminalization of neutral helping behavior from the aspects of jurisprudence,legislation and judicature.At the same time,it adopts the demonstration method of constructing the model and tests the demonstration with cases.This paper provides a solution to limit the generalization of neutral help behavior.The text is divided into four parts:...