The Realistic Dilemma And Theoretical Countermeasures Of The Accomplice Dependency Theory Under The Two-layer Social Background

With the continuous development of network technology,our society has formed a double-layer social pattern in which real society and network society coexist.In the context of a dual layered society,the theory of accomplice subordination,as the fundamental principle of accomplice theory,has not only been impacted by the criminalization of accomplice behavior,but also encountered the dilemma of identifying network accomplices in judicial application.Moreover,with the continuous expansion of the relative illegality of accomplices,the evaluation of the illegality of accomplices and accomplices cannot be consistent.Based on the existing difficulties of accomplice subordination,the theory of limiting subordination can be alleviated and the requirement for the illegality of the principal offender’s behavior can be waived.The establishment and punishment of accomplices require the perpetrator to carry out constituent acts and actually cause infringement of legal interests,and the illegality evaluation of the perpetrator does not affect the punishment of accomplices.From the perspective of attributes,adopting relaxed restrictions can effectively solve traditional joint crime problems such as the punishment of suicide participation behavior,and achieve consistency between theoretical and practical perspectives.At the same time,in the context of the continuous strengthening of the technical and neutral characteristics of network accomplice behavior,according to the alleviated restrictions and attributes,as long as it is determined that there is a principal offender behavior and the actual infringement of legal interests,the accomplice can be determined without examining the illegality of the principal offender behavior,thereby expanding the scope of application of the joint crime punishment model and helping to avoid the crime of aiding information network criminal activities from becoming a bag of mouth crime.Finally,in combination with schemes such as volume incrimination,effective regulation of network joint criminal behavior can be achieved.