| The development of the network caused by network crime is increasing,the harm caused by the single net work crime is not large,but in recent years,the ues of the Internet crime has changed,so more and more network to help offenders,even far more than the perpetrator role.In order to strictly regulate this kind of behavior,the criminal law amendment nine to increase the crime of helping the crime of information network.But not for similar behavior into sin without exception,should be to a certain limit,otherwise it will cause to enlarge the range of punishment result in practice.Based on this,this article proposed related research.First of all,the author form the network technology to help the superior concept of neutrality,neutrality of helping behavior,to bring the case Nora legal dispute leads to neutual helping behavior,the possibility of punishment for analysis,that limit the punishment view.First,emphasize the objective aspects of the role,taking due account of the subjective factors to limit the scope of punishment;and then be extended to the neutral network technology help behavior,special network technology neutral help behavior based on the punishment restristions.Finally,according to the provisions of the nine amendment to the crimininal law,the author defines the basic nature of the crime,and finally analyzes the limitation of the application of the crime in practice.The main view of the two aspects of the behavior of the punishment of restrictions from the subjective interpretation,in order to prevent the expansion of the scope of punishment too,so as to ensure the criminal law regulation of the behavior of suiting punishment degree. |
