Analysis Of Criminalisation Of Independent Assiatance

The theory of Independent Assistance originated in Germany,it is a kind of harmless appearance,but objectively beneficial to the behavior of crime.In our country,there is little research on this theory,but with the case of QvodPlayer,the theory of Independent Assistance has aroused wide concern in the field of criminal law.In this paper,from the "technology innocence" which were mentioned in the case of QvodPlayer,the author associated and expanded to the social life of various types of Independent Assistance,And give a superficial discussion of the criminalization of Independent Assistance.This paper introduces the concept of Independent Assistance through the case of QvodPlayer,which leads to the problem of neutral penalty.Whether the technology is innocent as the dispute in this case,causing the discussion of the community.In the 1970s,the case of Sony established the principle of technical neutrality.After a long period of development,this standard has been seriously hit.First the auther clear what is the Independent Assistance,and what is the limitation with the help behavior.Second,on the basis of a clear discussion of the specific provisions of laws and regulations concerning such acts,the author tries to explore whether the judiciary has a penalty for its criteria.Once again through the theoretical arrangement to find the criteria for Independent Assistance can be punished or not.Finally,through analyze the type of Independent Assistance,and get the specific criteria for the punishment.In principle,for Independent Assistance,we should distinguish administrative violation from criminal offense.Only in this way can we accord with the principle of restraining the criminal law and not lead to waste of judicial resources.