The Research On The Crime Of Provides Technical Support For Others To Commit Internet Crime

This crime s is one of the newly established crimes in the Criminal Law Amendment(IX).It aims to regulate the assistance of using information network to commit crimes,so as to ensure network security and maintain information network order.This paper studies the crime of provides technical support for others to commit internet crime in four parts.Part 1 introduces the basic characteristics and legislative background of the crime.analysis and discussion on the theories of helping cybercrime crimes.The following steps should be followed for the punishment restriction of neutral assistance behavior.I think,firstly,it should be judged objectively whether the network service providers obviously increases the risk of infringement of legal interests.If they have objectively strictly abided by the industry standard,adhered to the principle of technology neutrality,fulfilled their legal obligation of review and notification,and have not instigated or induced others to commit crimes with network technology,etc.,then it can be considered that the risk,which is allowed by the society,is not rised in providing services.Secondly,it shall be judged,subjectively,whether they have known about the other crimes with information network and eventually to the level "serious circumstances".On the normative nature of this crime,the relevant theories include the theory of aiding the principal offender,the theory of aiding the sentencing rules,the theory of omission and the theory of accessory principal offender.I agree that this crime is a manifestation of assistance behavior to be principal.The criminal law has already established independent crimes,counts and legal punishment.It is unreasonable to believed that this legislative act is purely a sentencing rule for online assistance behavior.It is not accurate to simply define the nature of this crime as inaction.According to the provisions of the general provisions of the criminal law on instigators,those who instigate others to commit this crime shall be recognized as instigators of this crime in accordance with the principle of legality.Therefore,it is more accurate in the theory of assistance behavior to be principal.Part 2,as the objective aspect of this crime,it focuses on the theoretical discussion of"serious circumstances" and the reference of relevant judicial application to further clarify the "serious circumstances" judicial application standard of the constituent elements of this crime.Part 3,the law of this crime clearly stipulates that the actor "knows" others to use the network to commit crimes.I suggest that the subjective "knowing" of this crime should include "knowing"+"rebuttable objective presumption of knowing".Part 4,it studies the judicial application of this crime which constitutes other crimes at the same time,and chooses a felony to be convicted and punished when it also constitutes a accessory offender of other crimes.The actor,who constitutes the principal offender of other crimes,shall be directly identified as the actor of "other crime" according to the principle of principal behavior is prior to subordinate behavior.In my opinion,it does not include one-sided helpers who also constitute other crimes.