Research On The Accomplice Of Cyber Crime

With the progress of society and the development of economy,network and information technology have become indispensable forces for the development of modern life and production.However,when human beings are keen on the convenience brought by the network,the new type of crime that the network breeds gradually emerges.It can be said that the network is a double-edged sword.While using the network,the order and security of the network must be guaranteed.Therefore,it is a new topic of society to continuously improve the regulation of network criminal law.With the promulgation and implementation of the Criminal Law Amendment(IX)in China,more attention has been paid to the fight against cybercrime,and the helpful acts of service providers or managers appearing in the network have been convicted and sentenced separately.Although it is convenient to fight against cybercrime,there are many contradictions and conflicts between these legislation and traditional criminal law theory,which has also caused discussions and conflicts between criminal law academia and practice.Research.This paper takes the problem of network accomplice as the research object,mainly studies the principal offence of accomplice in network crime.Many scholars think that the principal offence of accomplice is the result of the principal offence of accomplice in our country's criminal network accomplice legislation,such as organizer,assistant offender and abettor.Therefore,through the analysis of the theory of principal offence of accomplice,this paper explains the misuse of principal offence of accomplice in our country's network crime,and puts forward Suggestions on sentencing accomplices in cybercrime.Firstly,the organizational offenders in network accomplices have gradually been accompliced.In many cases,it is difficult to define the embarrassing situation with the abettors.If we do not identify the organizational offenders in network accomplices,it will be difficult to adapt to the criminalresponsibility and punishment in practice.Thirdly,the recognition of other accomplices is influenced by the knowledge of age and identity.Therefore,how to identify the cyber-organized offenders in practice needs to be measured in depth from the subjective and objective aspects of nature,age and identity.Secondly,on the theoretical and practical level,there is a great controversy about the perpetration of assistant acts,especially in the identification of assistant offenders in network accomplices.It is not only a unilateral consideration of the perpetration of network assistant offenders,but also a thorough analysis of the judicial identification after the perpetration of network assistant acts.Thirdly,in cyberspace,the identification of abettors is particularly complex.In many cases,the blurred boundaries between abettors and AIDS have brought many difficulties to judicial practice.Moreover,the identification of abettors and accomplices has become a difficult problem after the instigator's perpetration.We must consider the AIDS and abettors in cyberaccomplices on the basis of criminal liaison,and identify them accordingly.Recognition of accomplice after principal offence.It is an unavoidable and important subject to solve the problem of joint crime in cybercrime.The complexity of the network itself and the controversy of the traditional theory of joint crime make it more difficult to study the problem of cyberaccomplice.Therefore,this paper hopes to make a modest contribution to the theoretical and practical circles of criminal law by reading the research on the related problems of cyberaccomplice.