Restrictive Punishment for Neutral Help Behavior
DOI:
https://doi.org/10.54691/bcpssh.v19i.1604Keywords:
Neutral help behavior, Accomplice, Daily behavior, Restrictive punishment, Objective imputationAbstract
Neutral help behavior refers to the behavior that is ostensibly similar to harmless daily behavior, but objectively promotes others to commit crimes. Compared with the common practice of restrictive punishment in Germany and Japan, China’s criminal law takes the position of comprehensive punishment. The academia generally supports the restrictive punishment, and there are subjective theory, objective theory and compromise theory in the restrictive path. But all these theories show shortcomings and defects. This paper proposes that we should take the comprehensive restriction path based on the objective imputation theory. First, we can objectively impute neutral help behavior, and then consider the subjective aspects to jointly examine whether this behavior constitutes an accomplice.
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