Research On The Conviction And Sentencing Of Neutral Helping Behavior On Internet

While the innovation of Internet technology promotes the development of economy and society,it also makes more and more cyber neutrality behaviors involved in the criminal process of others.In China’s judicial practice,it is more inclined to treat the cyber neutrality helper as a general helper,which leads to a wide range of punishment.Although it maintains network security and social order to a certain extent,it also causes excessive burden to network service providers and hinders the healthy development of the network industry.How to use criminal law reasonably to regulate network neutrality helping behavior is an important issue to be solved at present.In this regard,it is necessary to take the concept of neutral helping behavior on Internet as the basic premise,and its justification for punishment as the theoretical basis,and discusses the criminal regulation of neutral helping behavior on Internet from the two dimensions of conviction and sentencing.That is to construct the punishment judgment rules of neutral helping behavior on Internet and put forward corresponding suggestions for the problems existing in its sentencing.It tries to alleviate the contradictions between civil freedom and social order,industry development and legal interest protection under the background of network.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is an overview of neutral helping behavior on Internet.This part is based on the traditional concept of complex neutral helping behavior,supplemented by the definition of cybercrime,to reasonably define the basic concept of neutral helping behavior on Internet.Neutral helping behavior has been alienated in the network age,which is manifested in the obvious technical neutrality of behavior mode,the weakening of the connection between actors,and the expansion of the harm of the consequences.At the same time,more and more network neutrality helping acts are brought into the adjustment scope of criminal law in legislation and judicial practice of our country.The second part focuses on the punishment basis of network neutrality helping behavior.There are two dilemmas when applying our country’s unique crime quantity element to this type of crime.The first is the existence of the principal offender’s crime amount element,which makes the cyber neutrality helpers appear crime barriers when they provide help for several principal offenders who do not meet the standard of crime amount.The second is the element of the independent crime amount of accomplice set in the judicial interpretation,which has the danger of sliding towards the theory of independence of accomplice and thus leads to the excessive expansion of the punishment scope of accomplice.At present,it is necessary to revise the punishment basis of accomplice.It follows the basic thought of causality accomplice theory,but sticks to the subordinate attribute of accomplice,opposes the joint of the illegality,and judges the illegality of accomplice and principal offender individually.The third part studies the problem of limiting the punishment of neutral helping behavior on Internet.The basic judgment idea of the eclectic theory is worthy of affirmation,and it is reasonable to introduce subjective illegal elements into the judgment of punishability.By referring to the objective liability theory,a specific and progressive judgment rule for the punishable behavior of neutral helping behavior on Internet is constructed,which mainly includes the factual causality as the premise of judgment,the increased risk as the core of judgment,and the increased degree of risk as the focus of judgment.At the same time,this part also combined with specific cases to test the practicality of the above rules.The fourth part mainly discusses the problem of the sentencing of neutral helping behavior on Internet.In this part,62 typical cases are taken as the research samples.Through analysis and comparison,it is found that there are problems in the sentencing of neutral helping behavior on Internet,such as unbalanced sentencing,improper application of fine,and absence of non-penal sanctions.In this regard,it is necessary to apply the legal sentencing circumstances reasonably,and appropriately supplement the and discretionary sentencing circumstances on the basis of a correct understanding of the relationship between the relevant crimes.In addition,attention needs to be paid to the reasonable selection and accurate application of fines and non-penal sanctions.