中立的业务行为与可罚的帮助行为之界分——以交通运输行为和商品销售行为为视角

许多外表无害的业务行为在形式上均符合帮助犯的成立条件，为了平衡业务自由与法益保护，有必要正确区分中立的业务行为与可罚的帮助行为。着眼行为的客观样态判断业务行为的可罚性是合理的。具体而言．应从业务行为与正犯行为之间^1]的因果关系加以判断，若能同时否定物理的因果性和心理的因果性，则能肯定业务行为的中立性。

The Boundary of Neutral Business Behavior and Punishable Assistant Behavior： In the View of Transportation Behavior and Goods Sales Behavior

Many neutral business behaviors which might seem harmless accord with condition of assistant offender in form. It is necessary to distinguish between neutral and punishable assistant behavior in order to balance the freedom of business behavior Judging the punishability of business behavior focuses on objective various activities particular, making a judgment should depend on the causal relationship between the the establishment business behavior and legal benefit. is reasonable. In business behavior and principal offender behavior, and the neutrality of business behavior should be sure if the physical causality and the mental causality are denied at the same time.