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Study On Crime Of Cyber Helping Behavior

Posted on:2020-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2416330590478069Subject:Law
Abstract/Summary:PDF Full Text Request
The pattern of positive behaviors that help behaviors separates the partial neutral help behavior of information cyber crime into a single crime,breaks the deliberate contact of the accomplice and conspiracy,and plays a positive deterrent effect against cyber crime;but at the same time expands the criminal punishment.The scope of this has greatly limited the freedom of movement in people's daily lives.However,the excessive punishment is concentrated in the long causal chain between the cyber crime result and the network neutral help behavior,the help behavior independence and the accomplice behavior deviate from the attribute,and the serious factors are blurred,so it is necessary to take the subjective and objective aspects Limiting the interpretation,trying to reach the maximum point of information cyber crime to help the behavior limit,and guarantee the freedom of movement of the perpetrator.First of all,from the subjective impressions,we limit any judgments that are known.Secondly,from the objective causal relationship to the behavior that is equivalent to the functional dominance of the offense,the limit is to explain the "mainly" network help behavior provided for cyber crime,from the serious plot of this crime to help the behavior to provide cyber crime The force and the resulting harm result are identified with the nature of the crime committed by others.Finally,from the point of view of sentencing,the imaginary competing criminal who constitutes his crime at the same time is severely punished,provided that he sins more serious than the statutory penalty of this crime,and the statutory penalty that is lighter than this crime does not apply to help information cyber crime.It can punish the re-help behavior of information cybercrime,but it cannot punish the behavior of teaching.
Keywords/Search Tags:taking accessory offender as principal offender, cyber neutral behavior, knowingly, limitation explanation
PDF Full Text Request
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