The Criminal Regulation Of The Cyber Neutral Helping Behavior

In real life some harmless appearance,objectively to help criminal behavior in criminal law theory is called the "neutral help behavior".In the network era,network neutrality help behavior has become one of the important types of neutral help behavior.Net neutrality in addition to helping behavior with traditional neutral help behavior characteristics,also has its particularity,but in the basic theory of criminal jurisprudence neutral help behavior is still applicable to it.Analysis of network neutrality help behavior still should based on the basic theory of neutral help behavior.About neutral help behavior to sexual problems exist theoretically comprehensive punishment and restrict punishment.Restrict punishment theory as the mainstream theory,scholars at home and abroad from two aspects of subjective and objective put forward different theories to limit the neutral help behavior can be punished.For net neutrality help behavior,the traditional thinking influence into sin,adopted in legislation and practice in our country is gradually sure net neutrality help behavior can be punished.Net neutrality help behavior into the expansion of sin will hinder the development of network technology,to form the shackles of the Internet industry and economic development.So for net neutrality can help behavior punishment shall adopt a prudent attitude,both from the criminal law theory,building a reasonable punishment according to the need in the legislation further clarify the specific standard of punishment.The article includes the following four parts:Chapter?: The basis of combing neutral help behavior theory,firstly introduces neutral help behavior theory origin,then the network neutrality,summarized the concept and characteristics of help,again to neutral help to sexual behavior doctrine "comprehensive punishment" with "limited punishment" is introduced to judge.Chapter?: Behavior help to net neutrality legislation present situation to carry on the review and reflection,analysis the legislation law.By the judicial interpretation to criminal law amendment,network neutrality help behavior shows crime trends.Chapter?: Through the introduction of domestic and outside net neutrality help behavior typical cases,reflection on network neutrality help behavior common in the judicial practice in our country into the condition of sin,with Germany and Japan,in the judicial practice of network neutrality helps behavior in contrast to the sin.Chapter?: For net neutrality helps behavior in criminal law regulation mainly has three ways.One is determined to help make,advocated comprehensive considered from two aspects of objective relevance and subjective relevance.Secondly,through the expansion of the specific provisions of criminal law charges interpreted as crime,claiming the Angle never as committed.A third is in the criminal law amendment issued after nine,directly according to the help information network crime or refuse to fulfill its obligations to network security management for convicted and punished.