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Research On Identification Of Principal Accessory Offender In Network Joint Crime

Posted on:2020-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
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Internet crime has become a common criminal model in modern society,and Internet crime has become a hot research topic in the field of criminal law.In the summary study of relevant cases,it was found that Internet crime is different from traditional crimes,covering a wide range,complex subjects and diversified criminal behaviors.Network joint crime is a criminal form of committing criminal acts in a virtual space,which is quite different in subjective and objective aspects.The actor uses the virtual network to randomly achieve subjective crime intentions and is supported by strong technical means.Moreover,the particularity of the network itself distinguishes the criminal patterns of other types of actors in the accomplice from the traditional accomplice behavior patterns.Judging the principal and accomplice in the accomplice is often based on "main role,secondary role","organizer,leader","primary molecule",etc.,but in the joint crime of the network,the criminal intention is not clear,the behavioral division of the actor The criteria for ambiguity and the “primary role and secondary role” in the implementation of the behavior are vague,leading to difficulties in judging the main accomplice.On the basis of the existing accomplice theory,further clarify the criteria for distinguishing the principal and the offender,refine the core content of the principal and the offender,and need to re-identify the “organizers,leaders” and “primary elements” in the network common crime.Analyze the new characteristics of crime in the network,and evaluate it based on the characteristics of Internet crime.Therefore,when the court faces a new type of Internet crime case,some new problems will arise.The identification of the principal and the accomplice in the joint crime of the network is different from the identification of the principal and the accomplice in the traditional crime.In the identification of the main accomplice and related explanations,the network joint crime should be distinguished from the traditional joint crime.In a complex network environment,the key words and meanings of the distinction between principals and accomplices in network group crimes should be re-analyzed and interpreted;among them,the "organizers,leaders","main role,auxiliary role".The core content is studied and analyzed in more detail.It is of practical significance to analyze and study related issues in Internet crime under the new criminal mode.Select the case of "Good Hearts" as a research sample,analyze the problems identified by the network accomplice and the accomplice,and study the specific problems identified by the principal accomplice in the network accomplice,and put forward suggestions for perfecting the criteria for distinguishing the principal and the accomplice in China,thus making the criminal justice Provide reference and reference.
Keywords/Search Tags:network joint crime, accomplice system, principal offender, accomplice, primary molecule
PDF Full Text Request
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