Study On Network Regarding Aiding Act "as Principal Offender"

Now,there is a great deficiency in Chinese criminal law theory study about this area,many problems have occurred in both legislative and judicial action.“ As principal offender” that is to say,evaluation on regarding network aiding act into sin is not in the traditional theory of joint crime of framework,but to be independent.In the first chapter,the author compiled in criminal legislation and judicial interpretation in china,the typical regarding network aiding act as principal offender charges,simply to analyze.In the second chapter,the author analyze the regarding network aiding act as principal offender of practical necessity.First to recent cause online hot QVOD case as an example,the author analyzes the new characteristics of network aiding act different from traditional aiding act;Secondly from the joint crime 's subjective intention,objective behavior coordination and internal structure of the three angles,the author thinks phenomenon of network dissimilation in a joint crime.The last,the author states traditional theory of joint crime difficultly to reasonable evaluate appropriate regulation network aiding act.In the third chapter,the author demonstrates the theoretical basis of network regarding aiding act“as principal offender”.Come back to German and Japanese criminal law theory,in the unitary crime,there are only concept of offender,but in distinguished crime of limited offender exist different standards to distinguish.The distinction between substantive standard also has the phenomenon of principal offender.Standing in theory of two dimensional unworthy behavior,network aiding act has independent illegality(relativity of illegality),which evaluating independently.In addition,aim to violating the theory of accomplice,the author answers questions.In the third chapter,the author discusses two questions,the relationship of help offender and principal offender,and subjective know.simultaneously,making a point.