Research On The Criminalization Of Helping Behavior In Cyberspace

With the increasing maturity and popularity of computer technology,cyberspace has become a new hotbed for criminal behavior.The number of cyber crimes in China is increasing rapidly,and the types of cyber crimes are diversified.In the case of increasingly rampant cybercrime,helping behavior provides technical support and Internet service for cybercrime,which has broken through its subordinate status in the crime to some extent,and its attribute has evolved from attached attribute to independence,which is of great social harm.The social harmfulness of network helping behavior mainly lies in its inducing effect on others to commit network crimes and its promoting effect on the formation of black industry chain.With the intervention of the Internet,the joint crime has been alienated,that is,the weakening of the contact between the perpetrators and the degree of cooperation between them,which leads to the limitations of the traditional theory of accomplice and makes the traditional criminal law fall into a dilemma in the face of this situation.The emergence of the network to help the behavior of the principal offender is the key to solve the problem.Network help behavior crime experienced judicial practice and legislative practice of two aspects,and according to the problems arising from the practice of judicial interpretation and legal provisions in repair,in the aspect of judicial interpretation through from the judicial recognition of one-sided accomplice to try help behavior crime of network crime,in the legislation to establish the new charges,which provide the criminal law amendment(7)to the intrusive and "criminal law amendment(9)to establish criminal activity with the help of the information network.The legalization of the help-behavior of cyber crime has a solid legal basis to support it.The implementation of the principle of legality and the reduction of disputes over the identification of one-sided accomplice in the help-behavior of cyber crime not only strengthens the general prevention function of criminal law,but also confirms the rationality of the criminalization of the help-behavior of cyber crime.Although the network help behavior crime legislation and judicial interpretation in the growing,but there are some problems on the judicial application,mainly including network help behavior in the subjective aspect "know" that the content,degree and the method of problem,network help behavior crime,the specific charges of the involved to provide intrusion and help information network crime problem of sin,net neutrality to help behavior to identity problems,and the above problems are studied and analyzed.