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The Analysis On Limitations Of The Theory Of Subordination Of Accomplices From The Perspective Of Cyber Joint Crime

Posted on:2019-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:G S LiuFull Text:PDF
GTID:2416330566973112Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The cyber joint crime has been challenging the traditional theory about joint crime,which is the fundamental reason for the emergence of limitations of the theory of subordination of accomplices.And because most scholars insist on the theory of subordination of accomplices rigidly,it is exposed for the limitations of this theory.However,comparing with other theories about joint crime,even if the theory of subordination of accomplices has some obvious limitations,it is still the most reasonable theory to expound the nature of cyber joint crime.Under the circumstances that the theory of subordination of accomplices is forced to be applied,complete negation of the application of the theory cannot be our ultimate aim of analyzing limitations of the theory of subordination of accomplices.On the premise of finding its limitations accurately,the paper will give specific responses to those limitations,so under the application of the theory of accomplice subordination,we can achieve more reasonable disposal of cyber joint crime.The theory of subordination of accomplices and cyber joint crime are the two basic concepts that we must first clarify when we analyze and research the limitations occurring in the theory of subordination of accomplices from the perspective of cyber joint crime.As for the accomplices on network which are the one kind of special accomplices,this article has made a clear definition through summarizing the scholars' understanding and application of related concepts.In the context of the alienation of cyber joint crime,limitations of the theory of subordination of accomplices are mainly manifested in three aspects.First of all,some instigators or accessories in cyberspace can cause imminent dangers or serious violations of rights and interests protected by criminal law,and their independent tendency is very obvious.However,according to the theory of subordination of accomplices,it is difficult forthem to be punished independently.For some cyber joint crimes,it is accomplices on network rather than principal offenders that occupy the "center position" and play a core role in the realization of the results of the violations of rights and interests protected by criminal law.But the theory of subordination of accomplices takes the principal offender as the "center",which deviates from the reality clearly.Finally,from the perspective of criminal policy,the basis of the criminal policy of the theory of subordination of accomplices runs counter to the needs of social defense against cyber joint crime.And this theory gets in the way of the punishment for instigator or accessories of accomplices on network unreasonably.Therefore,it can't satisfy the needs of the prevention and control of cyber joint crime.In the face of the alienation of cyber joint crime,our criminal legislation makes some specific accomplices on network accept punishment as independent crimes and set the extremely serious criminal responsibility for operators of network platform,so certain accomplices on network are regulated as principal offenders.And in criminal justice,the scope of the principal offender is actually expanded by interpreting some accomplices on network as principal offenders.All of these measures can cope with limitations of the theory of subordination of accomplices effectively and achieve the relatively reasonable disposal of accomplices on network,which is worthy of our investigation and reference in the paper when we deal with limitations of the theory of subordination of accomplices.Finally,based on current experience in criminal legislation and justice,according to special requirements for the regulation of cyber joint crime,this paper puts forward four suggestions on the limitations of the theory of subordination of accomplices.Firstly,accomplices of cyber joint crime should be emancipated from the requirement that accomplices have to be subordinate to principal offenders from the aspect of criminal illegality.Then some auxiliary behaviors and solicitation behaviors which have substantive illegality can be punished as acts of accomplices directly,they will no longer fall into the dilemma of punishment when principal offenders lack criminal illegality.Secondly,the independence of specific accomplices on network should be recognized exceptionally,which can make up for the deficiency of the theory of subordination of accomplices effectively when the theory faces the clear independent tendency of certain accomplices.The adoption of this proposal has a positive effect on the prevention and control of cyber joint crime.Furthermore,the extremely serious criminal responsibility could be set up for some specific accomplices ofcyber joint crime,which has a very special meaning for social defense.The adoption of this proposal can effectively deal with the limitation that the theory of subordination of accomplices can't satisfy the needs of the prevention and control of cyber joint crime.Last but not least,principal offenders should be interpreted as prime culprits.After that,some accomplices on network which has become prime culprits will be punished as principal offenders.In this way,even under the system of the theory of subordination of accomplices,their "center position" can be highlighted in the process of dealing with cyber joint crime.And their auxiliary behaviors and solicitation behaviors will become the behaviors which assist or instigate principal offenders.It is more clear for the causality in criminal law between their auxiliary behaviors and results of the violations of rights and interests protected by criminal law.So their auxiliary behaviors and solicitation behaviors will be more liable to be punished reasonably.
Keywords/Search Tags:the Theory of Subordination of Accomplices, Cyber Joint Crime, the Accomplice on Network, Principal Offender
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