| The development and popularization of information network has brought various changes to the activities of human society.While bringing convenience to human beings,it also breeds cyber crimes.The number of cyber crime tends to rise,and the form is changeable,which produces a variety of new criminal modes,which has a new impact on the traditional theory of joint crime.After analyzing the concepts and related theories of traditional joint crime theory,cyber joint crime and helping behavior,we focus on various problems in judicial practice.The characteristics of helping behavior in cyber joint crime are the concealment of information exchange,the extensiveness of helping objects,and the professionalism of helping means,which lead to some changes different from traditional joint crime,such as ambiguous meaning of help,greater harmfulness of helping criminals,and fuzzy boundary between master and slave criminals.Due to these characteristics and the emergence of alienation,cyber joint crime poses two new challenges to judicial practice: irst,for the punishment of cyber neutral help behavior,there may be the principal offender without accomplice.Due to the particularity of its main body and the independence of the behavior,lead to the subjective contact mean more difficult to determine and legal appearance more confusing problem.The scope of punishment should not be expanded too much,otherwise it will violate legal principle of crime and punishment,modesty and restraint of criminal law,and is not conducive to the development of the network.Nor should the scope of punishment be too limited,otherwise it will indulge the growth of crime.Therefore,it is necessary to strictly define the scope of punishment and standards.The second is the punishment for assisting offenders when the principal offender does not constitute a crime,that is,the accomplice without the principal offender.The current general theory of limited subordination cannot effectively deal with this problem.This paper also puts forward some opinions on whether we can adopt the theory of minimum subordination and amount superposition to deal with this kind of problem.Finally,this paper briefly analyzes the two punishment methods of helping behavior,that is,conviction and sentencing of helping offenders and making help behavior to be the principal offender,and comes to the conclusion that they complement each other and are indispensable. |
