On The Dispute Of Judicial Determinationation Of Network Joint Crime

The issue of joint crime has always been one of the hot topics in the criminal law field,which is surrounded by various theories.Some Japanese scholars regard joint crime as "the desperate chapter of the general theory of criminal law".According to the different starting point,basis and method of argument,the conclusion is different.Entering the information age,the emergence of the Internet also makes the crime present the trend of alienation and complexity,and has brought great impact to the theory of criminal law.Today,the network crime rate is gradually rising,including the difficulty of obtaining evidence,the new and complex situation and other thorny problems.The promulgation and implementation of the criminal law amendment(9)shows that the state attaches great importance to the fight against joint crimes on the Internet,and even convicts the help behavior of the service or manager appearing in the Internet into punishment.Althoughit is convenient to crack down on network joint crime,there are many contradictions and conflicts between these legislations and the general criminal law theory,which also cause the discussion and research in the academic and practical circles of criminal law.This paper mainly studies the judicial disputes in the network joint crime from three parts.Firstly,through the summary and analysis ofthe controversial cases in recent five years,this paper sorts out the judicial disputes in the network joint crime in recent five years.The second part refines and analyzes the judicial disputes in the controversial cases,and concludes that there are great alienation problems in the criminal subject,common behavior and common intention in the network joint crime.Then the third part of this paper puts forward the solutions from the three aspects of theory,legislation and justice,that is,combing the criminal law concept of risk society and changing the criminal law concept from the theoretical level Based on the theoretical basis of joint crime,and then from the legislative aspect,we establish the basis of "neutral helping behavior" by making the accomplice a principal offender,and establish the basis of punishment for one-sided accomplice by adding the third paragraph of Article 25 of the criminal law,and then find the guiding basis for judicial practice by adding guiding cases.I hope that this paper can find a solution to the current problems of network joint crime,and can cause more legal scholars to pay attention to many controversial issues in network joint crime.