Cybercrime Helps The Study Of The Criminalization Of Behavior

The helping behavior of network crime has the independent characteristic which is different from the general helping behavior in the real society.There are theoretical obstacles in the regulation as abettor in the traditional theory of accomplice,so the regulation mode of considering helping behavior as principal offence should be adopted.In China,the helping behavior of network crime is regulated as principal offence at both legislative and judicial levels,which leads to the debate on this issue.With the theoretical premise of limiting the concept of principal offence,considering helping behavior of network crime as principal offence has an existence space in the participation system of the differentiated crime.At the judicial level,the theoretical basis of considering helping behavior as principal offence is the substantial objective theory.At the legislative level,the legal basis of considering helping behavior as principal offence is the binary theory of conducting without value.Due to different theoretical connotations,it is easier for considering helping behavior of network crime as principal offence at the legislative level to restrict the expansion of criminal punishment,while considering helping behavior as principal offence at the judicial level leads to logical obstacles in the theory of accomplice.It is necessary to restrict the using of judicial interpretation of considering helping behavior of network crime as principal offence and strictly control the punishability limit of helping behavior at the legislative level.