| Cyber "spreading" crime means the kind of crime that spreads information to the unspecified majorities via network to reaches illegal purposes,making use of the character that is transcending the limitation of space and time of network.It has the characteristics that are behaviors' transcending time and space,objects' uncertainty,results' uncontrollability.Cyber "spreading" crime is the general term of all the crimes that conform to all the characteristics.Faced with this kind of crime,traditional crime theory meets with many difficulties and challenges.This paper discussed the legal regulation of cyber "spreading" crime from the aspect of judicial determination.The subject of cyber "spreading" crime includes the maker and spreader of illegal information and people who have the duty of supervising and managing network service.For the network-service provider of "awareness(of the existence of illegal crimes)+offering service" crime should be penalized with the principle that accord to the basic joint offence theory of abettors attaching to perpetrator,and with the exception that is penalizing abettors as perpetrators in law and judicial interpretation.The being disturbed "public places" in the defiance and affray crime using network should be taken as "the real society connected by information networks".Creating disturbances can be realized in "the real society connected by information networks" by the form of network spreading.The transcending time and space characteristic of network spreading makes it possible that creating disturbances can be not-on-spot and not-face-to-face,and the behaviors and results can be non-unity and unbalanced.It cannot be determined according to the delivered messages that the times of racketeering in one seeding racketeering messages behavior to unspecified majorities,nor can it be determined as one time.In my opinion,it should be more appropriately interpreted as attempted crime according to the judicial interpretation of swindling crime.Judiciary practice will meet with difficulty when it cannot be determined as libel that defaming unspecified person.So we can adjust laws to regulate it by adding criminals or from the aspect of disturbing social order.It can be determined as "publicity of result" when the non-public insulting behavior in cyber crime of insult is re-spread by "special listeners",which also constitutes crime of insult.The crime preparation of cyber "spreading" crime shows the trend of being implemented,part of which needs a necessary independent assessment to be better regulated.The theory of insisting on out of control should be taken as the principle in net theft and fraud of the unfinished form of cyber "spreading" crime.The attempt of net libel should be determined on "spreading" as the act of perpetrating.In cyber "spreading" joint crime,the fuzzification of crime intention liaison enhanced,and accidentalia increased.Numerous passive intention liaisons and"self-propelled"?"autonomous" crime occurred,which leads to the risk of "disappearing"of the joint crime intention in cyber "spreading" crime.It challenges traditional joint crime theory that the role of offenders in cyber "spreading" joint crime is getting the characteristics of weakening,crossing and fuzzy bound.Facing these risks and challenges,I,as the writer,think that indirect intent can constitute joint crime and one-sided accomplice can constitute joint crime in cyber "spreading" joint crime.To deal with"dissevering" cyber "spreading" joint crime,we should take the "dissevering" declaration and punishment mode that accomplices are taken as principal offenders and accomplices are criminated separately in law regulation to regulate this kind of crime. |
PDF Full Text Request