Research On Assisting Behavior Acting As "Principal Offender" On The Internet

In the context of the new era,the network not only brings convenience to life,but also provides an opportunity for criminals in an objective manner.The publicity,anonymity,and convenience make the crime assisting behavior in the context of cyberspace greatly enhances the independence of behavior and the harm to society.And it is different from traditional crimes.It not only reduces the cost of time,increases the damage,but also challenges the traditional theoretical research and judicial application.These changes require us to re-examine the role of such crime assisting behavior and conduct accurate characterization.From the two approaches of legislation and judicial interpretation,the thesis studies the feasibility of regarding crime assisting behavior as principal offender,and elaborates the factors that need to be investigated.The first chapter is an overview and description of the status quo.First,it introduces the subject types and behavior types of crime assisting behavior in the cyberspace,and the new characteristics that the behaviors of the criminals show after alienation;then from decisive,normal,and realistic three aspect discusses the legitimacy of cyberspace crimes to help behavior be guilty of crimes;and finally elaborates the lack of current criminal law regulation of such behaviors.The second chapter starts from the analysis of offence of assisting a cybercrime,and concludes that this crime is a negation of the principal offender in the substantive interpretation;then it analyzes the ways and feasibility of the penalization from two aspects of criminal legislation perfection and criminal judicial interpretation.The third chapter mainly describes the specific application of crime assisting behavior after regarding as principal offender.First of all,it talks about the principle of application,followed by the recognition of knowledge and plot,and finally discusses the application of modesty of criminal law,that is,to strike a balance between the fight against cybercrime and the development of supporting network technology.