Research On Cybercrime Helping Behavior Principal Offender

The rapid development of information network result cybercrime occurs in large numbers.Among them,cybercrime helping behavior which provides technical support for cybercrime has becoming a key factor in boosting cybercrime.At present,cybercrime helping behavior are mainly expressed as providing Internet access,server hosting,network storage,communication transmission,advertising promotion,payment and settlement and other technical support.cybercrime helping behavior are gradually breaking away from its subordinate status in cybercrime and show stronger independence and dominance.According to the co-accomplice subordination of China's traditional criminal law theory,cybercrime helping behavior as an accomplice act,its conviction and punishment must be attached to the implementation of the principal offender.If the offender doer not be blamed,criminal penalties can not be applied.However,due to the concealment of network crime,it is difficult to detect the cybercrime offender.Therefore,it is easy to indulge the crime if the cybercrime helping behavior can not be punished.Accordingly,the traditional criminal law theory shows obvious hysteresis in dealing with the more independent and dominant cybercrime helping behavior,which has becoming an urgent problem to be solved and faced in the current punishment of cybercrime.The new information network helping behavior triggered widely discussion of principal offender mode,some scholars believe that the new changes means of helpingbehavior principal offender,but also have scholars hold a negative attitude.I think that,in the specific provisions of criminal law has prescribed crime,constitution and punishment,means that the "criminal law" has been promoted the helping behavior to principal offender.so,the judicial in the determination of this kind of behavior does not need to be in line with the crime constitutive,it can be directly convicted and sentenced based on the criminal law.In this paper,I confirm this legislative model of the helping behavior principal offender in two aspects of legal explanation and normative evolution.In regard to the judicial application of this mode,I think that it should be prescribed in detail,so that the judicial application can be applied correctly.The purpose of this study is: based on the connotation interpretation of the related concepts about this mode,analysing the legal theory for illustrating the rationality and legitimacy of the existence of this pattern,and demonstrate the inevitable trend of this model on the evolution of the criminal legislation and criminal justice,and based on the defects of this model in the judicial practice from reality investigation,put forward my proposal.Research conclusion: this special legislation phenomenon of the cybercrime helping behavior principal offender has its realistic necessity and rationality of theories,it helps to break limitations of the traditional criminal law theory in dealing with the cybercrime helping behavior,However,this mode should be carefully interpreted and be prudent applicated in the specific judicial practice to ensure that the the cybercrime helping behavior can be punished,Punishment matches crime,and the action can be taken.In this paper,with the exception of the introduction,The rest is divided into four parts.The first part briefly narrate the relevant theoretical concepts of cybercrime helping behavior.The second part discusses the legal basis of this model.The third part expound the judicial exploration and legislative path of this mode.The fourth part make a further clarify to the possible problems in judicial application of this mode.The research methods used in this paper are literature research,induction,and qualitative research.