The Legalization On Cyber Crime Assistance Behavior As Perpetrator

With the help of network openness,virtual,interactive,cyber crime assistance behavior has greater independence and can be spread,leading to the cyber crime has become a simple and concealed,can create a complete chain of crime in a short period of time,the outbreak involved more,case value of major cases blowout,and some even have swept the world.Although that cyber crime helps behavior does not directly cause legal interests damage,but its harmfulness is above the implementation behavior,so we have to reexamine it.In addition,the cyber crime help behavior has its own independence,the perpetrator's uncertainty and the change of the forensics standard.The traditional joint crime regulation mode is difficult to make reasonable explanations for its punishment and punishment,and its flaws and deficiencies are revealed.In order to better cope with the modern risk society,problems appear more reasonable solution in judicial practice,the "criminal law amendment(nine)" added the help to cyber crime,through the way of legislation to create regulation to help make crime of new mode,this approach will lead the protection of legal interest,broaden the conviction standard,on the one hand to solve the long-standing practice in the processing cyber crime committed to help the problem of conviction and sentencing,on the other hand,adapted to the present stage of Internet development for new types of crime and brought up,legal oversight,legal protection is conducive to the fight against crime with better and more powerful,its necessity is self-evident.But there is also a different voice that accuses this as a stressful legislation,a fire-fighting legislation.Through the analysis of the author,it is not difficult to find that legalization on accessory treated as perpetrator in China is not without roots.After years of discussion and accumulation by theoretical and practical circles,China has provided theoretical support and practical experience for legalization on accessory treated as perpetrator.In order to safeguard the legal interests more thoroughly,it is necessary to let the criminal law intervene in advance,and to make the cyber crime assistance behaviour as an abstract dangerous criminal within the scope of the criminal law.Abstract dangerous crime theory has become one of the important theoretical bases of cyber crime assistance behaviour.cyber crime assistance behaviour is another concrete manifestation of abstract dangerous crime legislation.The theory of accomplice independence makes the the cyber crime assistance behaviour divorced from the restriction of implementation behavior,and provides another theoretical basis for legalization on accessory treated as perpetrator.At the judicial level,China's judicial organs have launched a bold exploration and practice of legalization on accessory treated as perpetrator in the way of "judicial interpretation" and "handling opinions".At the legislative level,legalization on accessory treated as perpetrator has also been tried,but is not uncommon,according to the criminal law comprehensive review,legalization on accessory treated as perpetrator is divided into introduction,help,harboring,illegal provision of four types of criminal law,involving seven chapters,a total of 23 terms.The crime in these articles is essentially an act of help.It is also directly committed by legislation.It has been proved for many years that the validity and feasibility of these provisions provide valuable experience and examples for legalization on accessory treated as perpetrator.At present,we are still in the exploratory stage on how to understand and correctly apply the new charges.On the one hand,by limiting the legalization on accessory treated as perpetrator,the author proposes to prohibit the help of helping behavior of cyber crime and expand it into a crime.It refutes the wrong understanding of legalization on accessory treated as perpetrator equal to accomplice.On the other hand,from the cognizance of accusation,the cognizance of "knowingly" and the cognizance of "crime",I have put forward some suggestions to help the crime of cyber crime in the application field,hoping to contribute to the perfection and practice of the theory of legalization on accessory treated as perpetrator.The Internet has changed the life,followed by rapid variation,the cyber crime and its innovation rather than be an anachronism.