| In today's society,the Internet has long been not a pure information medium,but with the development of science and technology into an independent virtual space.This virtual space not only brings convenience to people,but also improves people's quality of life.It also alienates the crime in traditional space.Compared with traditional criminal acts,these internet criminal acts inherit the characteristics of the internet,and have the characteristics of virtual criminal acts,generalized criminal results,and discrete criminal objects.Moreover,these virtual criminal acts notonly endanger the order in the virtual space,but also break through the boundaries between virtual and real,and present.The legal interests of real space also pose a threat,thus bringing tremendous impact on the traditional criminal law system.In the face of these alienated cyber crimes,the traditional criminal law evaluation is in a tight corner.Among them,the relatively typical network help behavior is the type of crime participation in the network joint crime.These acts of network help break through the cognition of the traditional theory of joint crime,how to give it a reasonable position in theory and legislation can be said to be the urgent matter of the initial establishment of the network criminal law system.This paper is divided into five major parts.The first part is about the theory of network help behavior,starting from the help behavior,mainly discusses the concept,types and characteristics of network help behavior.The author divides the network help behavior into three types:assistance type,introduction type and assistance type,and briefly discusses the characteristics of virtual,technical and one-sided network help behavior.At the end of this part,we briefly summarize the criminal law evaluation of network assistance behavior.The second part is about the way of criminalization of cyber-joint crime in China's criminal law,the author from the judicial path and the legislative path of these two paths,mainly discusses the network one-sided accomplice to accomplice of the judicial recognition of the principal offender,as well as the legislative confirmation of the network assistance act of the principal offender.Through combing the judicial path and legislative strength,we can not find the legislative trend that the legislative participants in recent years will gradually criminalize the type of criminal participation in network joint crime.The third part is about the logical premise of the legislation of the network-assisted act of criminalization.It mainly discusses the logical premise of the three network-assisted acts of criminalization,which are the concept of limited principal offender,the theory of substantive objectivity and the theory of pure initiation.By analyzing the concepts of restricted principal offender and extended principal offender,formal objectivity theory,substantive objectivity theory and subjective theory,as well as pure cause theory,modified cause theory and mixed cause theory,this paper deduces the concepts of restricted principal offender,substantive objectivity theory and pure cause theory as network help behavior.The rationality of the logical premise of crime.The fourth part is about the review of the criminalization of the act of network assistance.The author tries to explain how to transplant the concepts and theories of the traditional continental law system to use directly through the theoretical review of the substantive objectivity,the pure initiation theory and the legislative review of the unknown standardof "serious circumstances".The phenomenon of "ignoring the climate" is contrary to the principle of governing the country according to law.The fifth part is about the breakthrough of the review of the principal offender of network help behavior,and it also explores the way to break it from two aspects.At the legislative level,the author sets out from the standard of behavior and result,and formulates the standard of "serious circumstances" adapted to the Internet background. |
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