Research On Cybercrime Helping Behavior Principal Offender

From cash payments to mobile payments,from cooking in person to enjoying take away,from renting out to connecting with Didi,the rapid development of network technology is accelerating the transformation of people's lifestyles.However,while network technology provides great convenience to social life,it also brings many hidden dangers.Nowadays,not only can traditional crimes such as theft and fraud be implemented cheaply and conveniently through the Internet,but many new types of cyber crimes have also been derived,such as the use of live broadcasts to spread obscene goods for profit,online gambling,and so on.In the near future,most crimes will likely be committed online.Faced with a variety of means,endangering a wide range and increasing numbers of cyber crimes,criminal law faces unprecedented challenges.As we all know,cyberspace is a high-rise building built with information technology as the pillar and framework.Criminals often use existing mature information technology to carry out cybercrime activities.With its fast and reproducible characteristics,technology has greatly reduced the threshold of crime and played a leading role in the cybercrime chain.Therefore,the network help behavior that provides technical support has become an important promoter of cybercrime.The first part of this article,starting from the reality of the alienation of network-assisted behavior and the limitation of traditional accomplice theory,points out the dilemma of criminal regulation of network-assisted behavior.In the information society,cybercrime helping behaviors show completely new characteristics that are completely different from traditional crime helping behaviors.Its social harmfulness gradually surpasses enforcement behaviors,and its independence gradually breaks through the subordinate attributes.However,according to the traditional theory of common crime,the act of providing technical support and services for cybercrime is a helping act.It should be dealt with as an accomplice,and the premise must be established.Such punishment fails to properly reflect the social harm and independence of online help behaviors,and it is easy to indulge helpers of online crimes because they are not in position.For this reason,the legislative model of cyber-helping behavior is emerging.The second part discusses and interprets the legitimacy of cyber-help behavior.The criminalization of online help behavior is a help behavior that was originally punished in accordance with the common criminal provisions in the general provisions of the criminal law.It is promoted to add behaviors to the criminal law subsections to promote the conduct so that it has independent sentencing rules and is no longer subject to the general provisions.limits.This is undoubtedly a breakthrough in the traditional theory of accomplices,which has led to a great deal of discussion on the legitimacy of the criminal law community.Although there are some doubts about the rationality,such as not conducive to maintaining the stereotypes of the requirements and the possibility of further expanding the penalty circle,this article believes that helping the criminalization of behaviors is a new way of responding to cybercrime.Before the strict criminal law network and the protection of legal interests,Aspects such as resettlement play an active role and effectively make up for the shortcomings and deficiencies of the traditional accomplice theory,which meets the actual needs.The third part focuses on the current situation of the increasing criminalization of online help behavior,and makes a necessary inquiry into its theoretical and practical basis.The criminalization of online help behavior is carried out under the concept of restricting the criminal and the resulting accomplice system of discrimination.The basis for direct punishment of the help behavior is to distinguish between the criminal and the accomplice based on the contribution.Orthodoxy does not mean that the theory of independence of accomplice is introduced,nor does it mean that the doctrine of accomplice is completely negated,but it is a breakthrough of the exception of accomplice.From judicial interpretation to the breakthrough of traditional accomplice theory,to judicial interpretation's recognition of the criminalization of online help behavior,and to criminal legislation's recognition of the criminalization of online help behavior,there has been a relatively long process,and it has also helped the Internet.The criminalization of behavior provides a deep practical basis.The fourth part discusses the specific applicable rules of the network crime.In view of the continuous expansion of the criminalization of cyber-assisted behavior in China's criminal legislation,the thesis starts with two aspects: clarifying the punishable boundary of cyber-neutral helping behavior and clarifying the nature of the criminalization of cyber-assisting behavior.Establish generally applicable rules for cyber-help behaviors being criminalized.The thesis further clarifies the rules of judicial application of the two specific crimes that are being committed by network help behavior.In the crime of providing intrusion,illegally controlling computer information system programs,and tools,regardless of whether the actor provides specialized or non-specialized procedures and tools,The premise of conviction is not based on the actual commission of an offense by the provider;the interpretation of the "crime" of the aided person in the crime of helping cybercriminal activities is expanded to "unlawful crime",which can better reflect the original intention of the crime and prevent the generalization of criminal law punishment.Restrictions on helping to commit crimes must be restricted.The subjective aspects of the two crimes mentioned above are "knowingly" meaning to know clearly and possibly to know.The object of "knowingly" includes both the exact criminal act and the possible criminal act.