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Submission last date: 15th August 2024

Reflections on the boundary of criminal punishment for neutral helping behavior

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Author: 
Fen Li
Page No: 
3722-3727

The boundary of neutral helping behavior into crime needs to be strictly identified in essence, the theory of limiting punishment should be adopted, the principle of limiting and shrinking the application should be adhered to, and the boundary of identifying such behavior as a crime should be narrowed. There are doubts about the application of the theory of limited punishment, the internal subjective theory and the compromise theory; Therefore, we should adhere to the judgment standard status of objective theory. The specific judgment method, taking the objective imputation theory as the judgment method of the causal relationship between the neutral help behavior and the result, can get rid of the dilemma of too wide attack caused by the theory of conditional theory to the greatest extent, and achieve the purpose of limiting the criminalization of the neutral help behavior. From the raising of the problem to the dispute over the boundary of incrimination, finally, objective imputation is advocated. The objective imputation theory is taken as the core judgment perspective to minimize the complexity of judgment, improve the efficiency of judgment, and reasonably limit the boundary of neutral helping behavior. This paper briefly introduces and makes a simple comment on the theory of the criminalization boundary of neutral helping behavior in the theory.

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