Qualitative Analysis Of Helping Behavior Related To Network Black Industry

In the era of Web3.0,information network technology has driven the alienation of crimes in the network space,and it is difficult to identify the accomplice of the upstream and downstream acts involved in network crime because of the characteristics of the acts involved in network crime.The harmfulness of helping behavior related to network black industry is gradually beyond the principal offender,and its follower attribute is constantly weakened.It is difficult to identify the intention contact between accomplices,and criminals often defend the principle of technological neutrality.In order to improve the identification of the upstream and downstream accomplices involved in cyber hacking,the research is carried out from four aspects: identification of the types of acts involved in cyber hacking,identification of common accomplices,identification of technology-neutral accomplices involved in cyber hacking,and identification of "knowing".First of all,network black crime mainly refers to the chain criminal organization mode with specific layout,which is based on the characteristics of the two-layer society era and carries out the division of labor and cooperation in the virtual network space.Based on the organization pattern of its chain structure,the behaviors related to network hacking can be divided into three types: upstream behavior,middle behavior and downstream behavior.Secondly,it is difficult to identify the accomplice in the upstream and downstream joint crimes involving network hacking,which mainly includes two types of common accomplice and technology-neutral accomplice.The common accomplice in the behavior involving network hacking should be identified according to the restrictive accessory theory and the mixed provocation theory.In the case that the middle and downstream principal offenses related to the network black property accord with the propriety and illegality of the constitutive elements,the accomplice offenses with the propriety and illegality of the constitutive elements can be identified as joint crimes.Under the exception of "one to many",the existence of "non-principal accomplice" is recognized,and the problem of helping illegal acts related to network black industry is solved through the identification mode of the superimposition of accomplice crime.Again,make sure related network neutral black production technology to help make the cognizance of the rules,related network black production technology neutrality act may constitute the computer information network related crimes,on charges related to existing legislation behavior crime "accomplice" trend,although the legislation mode can solve part of the type case temporarily,but can’t meet the needs of judicial practice,Based on the fact that it can only adapt to the limitation of information network technology development through continuous legislation mode,we should learn from the theory of neutral helping behavior and establish the identification rules through the improved objective attribution theory from the perspective of assisting criminals,so as to identify the neutral assisting criminals involved in cyber hacking technology.Finally,there is the dilemma of "knowing" in the identification of both upstream and downstream accomplice involved in network hacking.Based on the current legislation,the identification mode of "knowing well" of legal presumption mode should be clarified,the content and purpose of "knowing well" should be defined,and the scope of "knowing well" should be limited by the principle of principle of principal offender’s execution and case investigation.