| Computer network technologies can be used to commit crimes,so that the technology developers and other personnel can be deemed constituting conspiracy of the crime or could be directly found guilty of the crime.Huang yifan et al.’s crime of committing intrusion and illegal control of computer information system programs,are independent network crimes that infringe the national information network security.The issues of controversy,mainly focus on the judgment of the conditions under which the two types of criminal establish their own crimes and the identification of the criminal targets,the determination of the object of the crime in this case,that is whether it belongs to special procedure and tools,the understanding of the “knowingly” in the criminal law,and whether the actors involved in the case have a clear understanding of the nature of the object and the behavior,and whether the network neutral help behavior is punishable and restrictive.The software sold by Huang yifan and others should not be deemed special program and tool but is generally neutral software.It was used to commit intrusion and illegally control computer information systems.It was not highly probable that it may be used to commit crime,and the actor subjectively without knowledge that others may use it to commit crimes,so the network-neutral help behavior should not be considered criminally punishable.For the conviction and punishment,when the procedures and tools do not have a unique purpose in this crime,one must pay attention to whether the perpetrator knows subjectively and whether they have a realistic awareness of illegality.On the other hand,whether the behavior itself is helpful and whether the actor has management rights and obligations could be seriously considered,maintaining a cautious attitude and strict restrictions on whether the network neutral help behavior is punishable,and making legal judgments based on various factors to achieve scientific and reasonable combating crimes and fully protecting human rights... |
