Research On The Issues Of Joint Crime On The Network

Network of joint crime is part of the network crime, as a joint crime occurs in the network, or when the network crime in the form of joint crime, network joint crime existence of internal structure and standardize the structure different from traditional joint crime of new forms, and make the traditional legal rules applicable to produce difficult. Network joint crime form there is no doubt that has impact on the existing theory of accomplice, but not all of the network joint crime phenomenon, all aspects of network joint crime can’t forgive by traditional theory.However, due to the virtual network space unique characteristics, make network compared with traditional joint crime is joint crime appeared many new characteristics, such as the network as a link network joint crime provides a new way, network joint crime of mens rea connection changed, secondly, the network platform as a carrier has its unique data resources, network provides a unique venue for crime and the criminal object, causes the network joint crime objective behavior relative to the traditional joint crime objective behavior changed, thus when decided to produce a lot of difficulties. Especially in the network crime often exhibit strong technical and intelligent, reliance on network technology is very great. The network joint crime has narrow sense and broad sense. But both the network joint crime and the study of cyber crime, to study its unique characteristics, obviously the generalized network joint crime can not embody its characteristics, and special network of joint crime can manifest its unique features. This article is focus on the special network joint crime concept study, mainly through the network and the harm of implementation of network system and its data resources of common crime.This paper is this arrangement writing logic: first of all, defines the definition of cyber crime as a serious violation of network information system, network data and network information security of the crime. Namely narrow sense of network crime. And network joint crime, as a special form of joint crime, the narrow sense of joint crime is through the network and the implementation of the harm of the network system and its data resources of common crime. Secondly, on the basis of the first part, mainly related to network established joint crime prominent elements define the analysis, first of all to contact network mens rea in the joint crime is defined, its mens rea contact a variety forms the characteristics of fuzziness, the main body, content, anonymity, group crime mens rea contact with network as an example is analyzed. Secondly define the network crime together, because network joint crime is highly technical dependencies, often in the form of instruction code display, make network launched criminal behavior way and behavior are changed, the network joint crime in a joint crime intentionally, and through the network by network implementation of joint crime, common crime means of contact and collaboration network behavior significantly weakened, even appeared the trend of complicity to disappear. Then the network joint crime subject related network of unit crime and joint crime is defined. The third part is standing in the perspective of network joint crimes, the network crime of common crime, the instigator, to help make that analyzed. The last part, based on the above analysis this paper,3points of concrete Suggestions on response network joint crime, which make full use of criminal laws and regulations and accurately apply the joint crime in the judicial interpretation about network, the relevant provisions of the case guidance in the judicial practice are good at, hope can render network joint crime research contribution.Network social order is a part of human social order, the interests of the network society is the benefit of the human society, the network criminal violation of common interests will ultimately radiation to the real space, stand in the Angle of the legislation of our network joint crime can’t turn a blind eye, turn a blind eye. Disconnect and theory of system, therefore, is not an excuse to us and the lagging behind of reason, instead we need a more active attitude to respond to the challenge of network on legislative and theory.