Research On The Criminalization Of Cybercrime Complicity

The establishment of the crime of helping information cybercrime provoked a heated discussion on the criminalization of cybercrime complicity in the academic community.In fact,this crime is not a special case in criminal law,This method of criminal conviction has been around for a long time,such as helping to commit terrorist activities,assisting in organizing prostitution,helping to destroy and falsifying evidence,etc.But until The Criminal Law Amendment(IX)expressly stipulates the exact crime of helping information cybercrime,the accomplice criminalization has caused a wide-ranging discussion.The reason why this crime can cause a lot of attention in the field of criminal law,on the one hand,perhaps because the crime is closely related to the topic of popular cybercrime,on the other hand,it is also closely related to the many theories of the accomplice.The academic circles have different opinions on this crime.Some people think that the legislative method of accomplices is breaking the theoretical foundation of accomplice in China and should be corrected;Some people think that this will become a legislative trend of cybercrime in the future,which is worthy of promotion;Some people also put forward their views on the crime from different angles,they think that the crime can be regarded as a kind of sentencing plot in the criminal law and there is no discussion about the criminalization of the accomplice.In addition to this,there are many other points of view.This article will analyze the contradictions of these problems one byone,and explores the legislative method of cybercriminal accomplice criminalization.In addition to the Introduction,the main body of this article is divided into three chapters.The first chapter is the background analysis of the criminalization of cybercriminal accomplice.Before discussing the justifiability of cybercriminal accomplice criminalization,we should make a clear definition of the affiliation of our accomplice system.This is the theoretical premise of the concept of accomplice criminalization.Therefore,the first section introduces the unitary system and the division system in the system of accomplice and compares the advantages and disadvantages of the two system.According for China's legislative provisions,China's accomplice system should be attributed to the distinction system.The second section analyzes the causes of the cybercrime accomplice criminalization.The arrival of the Internet 3.0 era has caused the variability of traditional cybercrime,and the variation of accomplice behavior in new cybercrime is particularly evident.On the one hand,accomplices are no longer just in secondary secondary status.In new cybercrime,accomplices can also play a major or even critical role;on the other hand,Relationship between accomplice has also weakened,manifested by the the weakening of mutual collaboration and subjective liaison.The second chapter is about the evaluation of the theoretical disputes of cybercriminal accomplice criminalization,which is the focus of this paper.The first section introduces the different views of the academic community on the nature of the crime of helping information cybercrime.Some scholars believe that unlike the crime of helping terrorist activities,the crime is only a sentencing plot of accomplice,and some scholars regard this crime as a limited accomplice criminalization.This paper believes that there is no difference between this crime and the crime of helping terrorist activities.Both of them belongs to the complete criminalization of the accomplice.This paper responds to many theoretical questions about the criminalization of the accomplice,and elaborates on the legitimacy of the cybercriminal accomplice criminalization.Because of the different views on the nature of the crime of cybercrime accomplice criminalization,so the explanation scheme is also different.After the second section make a detailed introduction of the formal accomplice and substantive accomplice interpretation scheme,this paper analysis of the inadequacies of the formal accomplice interpretation scheme and the advantages of the substantive accomplice theory from the perspective of practicetheory to explain the practical value of the program.The third chapter systematically sorts out the guilty path of network accomplice and puts forward the reinterpretation of the crime of cybercrime accomplice.The first section analyzes the guilty ways of network accomplice from the aspects of judicature and legislation and analyzes their inadequacies.There are three main modes under the judicial path: the subordinate stipulation under the form of accomplice,the separate conviction under the substantive accomplice,the individual conviction and sentencing under the substantive interpretation.Legislation mainly establishes the guilty offender's principal responsibility and platform responsibility by adding three criminal charges.(Provide procedures and tools for intrusion,illegal control of computer information systems;Help information cybercrime;Refusal to fulfil the obligation of information network security management)The second section puts forward new interpretation ideas and legislative improvement suggestions for the current theoretical disputes and legislative inadequacies.I believe that the most important task for legal workers is to correctly understand the rules and apply them in practice without contradicting the basic theories of criminal law,rather than falling into endless theoretical controversy.For the legislative positioning of the crime of helping information cybercrime,we can regard it as a kind of criminal liability,that is,it can be applied when the problem cannot be solved according to the theory of dependency.However,the problems existing in the provisions of the law itself can be improved by adding a second-class statutory penalty,a reasonable use of the qualification penalty,a fine penalty,and a clear standard of "serious circumstances."...