Research On The Complicity Of Network Black And Grey Crimes

In the network black ash production class case,there is a weakening of accomplice subordination,unclear criminal meaning liaison,cross and application confusion between the associated crime of accomplice and help information network criminal activities and other judicial phenomena,the need for criminal law theory to respond to the subjective and objective criteria for the punishability of network help behavior,that is,the necessary elements for the establishment of joint crime and the boundary of the application of individual crimes of network black ash production.The characterization of the crime of helping the letter,the theoretical community has three views-the help act of complicity,complicity in the positive crime,and the theory of overlapping complicity in wrongdoing.The three views have certain explanatory power,but all have the drawback of generalization.The network helper behavior has various types of manifestations,and it is necessary to further explore the basis of punishment and attribution of complicity in network helper behavior,especially neutral helper behavior.In terms of position,the causation theory should be used as the basis,and the position of substantive protection of legal interests should be adhered to.For the neutral helping behavior,it is necessary to adopt a strict restriction of subordination,i.e.,to focus on the objective position of attribution.In the determination of the attribution conditions of accomplice,it should take into account the subjective intentional and objective behavior of the helping behavior,and have the four elements of illegal positive behavior,substantial helping behavior,the necessity of causality and the intentional helping,one cannot be missing.On the basis of clarifying the conditions of attribution of accomplice,the theory of "one-sided accomplice" should be affirmed,and the theory of one-sided accomplice needs to fit the characteristics of the network black and grey help behavior: the boundary of one-sided accomplice should be appropriately expanded to serve the priority application of the criminal law path of accomplice.The crime of helping information network criminal activities,which is a typical feature of network black and gray crimes,has the priority of application with the accomplices of related crimes: the crime of helping the letter should be used as a bottom crime to punish the non-complicit helping behavior.The crime of helping the letter should delineate the scope of regulation and make necessary limitations on the subjective and objective elements.This argument can be tested by summarizing and analyzing the path of identifying technical support,advertising promotion and payment settlement assistance.Insist on the priority application of accomplice,the bottom application of the crime of helping information network criminal activities,the typological examination of cybercrime helping behaviors,and the distinction between different subjective intent and punishability of helping behaviors,can we better combat cyber helping behaviors.