Abstract:In terms of the neutral help, it is reasonable to regulate the actor by the criminal law, whether based on subject’s malignant or the actor’s objective hazard. In addition, the effect of neutral help on the result of the crime should also be analyzed from the post-event position. The legislators criminalized the neutral help in the “Criminal Law Amendment (IX)”, that is, to adopt the separate conviction mode for this kind of behavior. This mode takes into account the infringement on legal interests and the actor’s subjective sin under the neutral help, but there is the possibility of improperly infringing on the rights of citizens, undermining the consistency within the legal system and unduly expanding the criminal circle. Due to its daily nature, it is necessary to limit the scope of punishable neutral help, and thus to treat the actor as an accomplice on this basis. Only when the actor is hindered being punished as an accomplice or he independently infringed the legal interests, can we seek a legis? lative way to criminalize him separately.