Analysis On The Identification Of The Type Of Joint Crime In The Cyber Spaces

Network as information bridge in the past turned into the extending platform of the real life space. Public and private spaces in the online world have been gradually formed. Joint crime in the network is one part of cyber crime, and network dissimilation of its characteristics of internal structure and external performance is becoming more and more obvious. Only applying traditional joint crime theory will not get accurate legal evaluation on the criminal behavior and the malpractice will appear that the principle of compatibility of crime, responsibility and penalty can’t suit the behavior. With the publishment of the 9th Amendment of Criminal Law, it begins to set some articles about neutral abettor in the joint crime. This rule responses to the suggestion that abettor should become perpetrator and also asks traditional theories of joint crime to reform. Theoretical reform and legislation consummation are two ways to solve more and more problems about joint crime in the network that we are facing.There are two types of joint crime in cyber space, including simple computer crime in the new way and traditional joint crime in the online world. Their virtuality, technicality and imperceptibility are as same as the other kinds of cyber crime. But affected by these features the variation on the concrete structure, behavior and function produced. One aspect of the network dissimilation is the large scale of expansion but with extremely loose relationship between different roles in the joint crime; the other is the trend about unidirectional and independent connection.The organized offender in cyber space is no longer be a leader but becoming accessory gradually, and at the same time the boundary with the instigation crime blurred. If we continue to use the traditional standards to weigh the network organizing criminal, the principle of compatibility of crime, responsibility and penalty will be broken. Meanwhile, taking the organizing crime for example, all joint offenders’ responsibilities are also influenced by perpetrator’s age and identity. The solution that how to use traditional theory to judge the network organizing criminal mainly is definitude behaviors ’boundary in subjective and objective aspects and the cognition degree of others’ ages and identities.In the cyber space, the instigator may offer material assistance to entice others to commit a crime, so this kind of behavior is mixed with assisting behavior, and the uncertainty of abetting targets raised the difficulty to recognize the abettor. This article will adjust the traditional the theory of abettor flexibly to find subjective and objective essentials and the boundary.According to the latest legislation, the neutral helper is convicted independently, but theoretical controversy still exists. At the same time, different kinds of judicial cases ask the identification standard to improve and optimize. Specifically it is necessary to definitude the standard of "severe case" of abettor’s behavior in general and special rules.