The Criminal Regulation Of The Act Of Help In Cyberspace

The birth and development of the network has brought a certain impact on China’s criminal law theory,and the network space has produced a new kind of law and interests,and it has gradually become an important part of the social management order.The emergence of network make some defects of the accomplice theory,traditional help behavior dissimilation in network space structure,leading to help behavior in the theory of accomplice cognizance and punishment way changed,also caused the traditional help behavior "propertie" and "independence" the debate more intense structure mode adhere to the latter found many-rebuttal reasons,the former occupy the dominant position of begin to shake.Help in cyberspace behavior style is completely different from the real life:"one to many",and "many-to-many" help in cyberspace has become common and easy,its social harmfulness significantly increased.Based on the virtual nature of network space,the complicity of helping behavior is gradually weakened,and it has the tendency of implementation.Cyberspace has a causal weak,strong transmissibility,harmfulness and good concealment,help behavior that caused more difficult than real life,the neutral help behavior,partial help behavior and especially not for helping behavior.The addition of the criminal law amendment to help the crime of information network crime does not mean the comprehensive punishment of the neutral help,but the comprehensive punishment.The one-sided help behavior has to be punished due to the fact that the actor has only one side and has to be punished.Therefore,the definition of joint crime must be reinterpreted.The identification of the non-act of helping behavior is specific to the particular subject(network technology or service provider)and whether it is reasonable as a source of obligation.The criminal law has responded to the regulation of helping behavior in cyberspace,but there are still many problems.There is no clear standard for the boundary between the help behavior and the criminal behavior in cyberspace,which leads to the ambiguity in the complicity.The accomplice in the joint crime plays a secondary or auxiliary role,but the help behavior in cyberspace may play a leading role.The regulation of the criminal law of network help crime only stipulates two crimes,the system of crime is very difficult to achieve the effect of governance.The addition of "amendment to criminal law"to help the crime of information network crime also has the problem of standard deviation and over-generalization in the application of the law,and it is suspected to be a sole charge.Problems should be based on the network to help in the space behavior from the theory and legislation shall be perfect,because it belongs to the category of joint crime,need to confirm the nature of the one-sided accomplice help behavior and clear the neutral help behavior punishment boundary,expanding criminal charges system,establish a help behavior crime responsibility perfect the evaluation system of accomplice.The role of network space help in joint crime has changed,and the pattern of "punishment mode" has not adapted to the development of the Internet era.Therefore,it is necessary to clarify the punishment basis for helping behavior and the punishment for changing the help behavior.The fuzzy legislation mode cannot meet the needs of helping crime in cyberspace,and the serious legislation should be gradually changed to quantitative evaluation mode.