Research On Application Of Providing Aid For Criminal Activities In Relation To Information Network

There are much controversy about Providing aid for criminal activities in relation to information network since its birth.there are two points,one is about The theory of subordination of accomplice,another is about application of neutral conducts.in order to limit application of the crime legitimately,the paper aimed to provide a solution on above-mentioned issues.The standpoint is limiting application of the crime.there are two reasons,first,the statement about related activities is too general,second,the legislative intention is probably misunderstood.There are two paths to limit application,one is insist the theory of subordination of accomplice,another path is limit the punishment range of neutral help reasonably.First we should insist the theory of subordination of accomplice.although the crime has characteristic of principal offender,the crime set up on condition that there exists principal offender's conduct.the principal offender's conduct should be interpreted as such conduct that is criminal illegal but has no imputability.the interpretation is beneficial to strike effectively against the conduct providing aid for criminal activities in relation to information network,the interpretation also avoids the discord between the crime and the crime of refusing to fulfill the obligation of information network security management.Second we should limit punishment range of neutral help from both objectivityand subjectivity.the objective standard is the viewpoint about balance of interest including validity on occupation and the supervision duty of gangerous source.the subjective standard is dichotomy on intention.because of anticipated possibility,the intention of neutral help should be limited to direct intent.