Research On The Penalty Of Network Neutral Help Behavior

The network neutral help behavior is frequently misdefined in the criminal community due to the uniqueness of its application setting.We frequently overlook the traits of behavior neutrality when examining network neutral aid conduct and instead automatically assume that it is a punished helper.The legislation will assist the conduct of the principal offender in order to accurately crack down on the dominating and hidden "black hands" in the chain of network crime in order to make up for the shortcomings of the old accomplice theory and fill the gap of network crime.However,in the specific judicial practice,the application of this crime has been "pocketed" phenomenon.In recent years,the number of cases of this crime has shown a "blowout" trend,and the phenomenon of different judgments of the same kind is more serious.The disconnection between theory and practice shows that judicial organs have ambiguous understanding and deviation of interpretation of relevant legal relations in the face of various cyber criminal activities.Hole so-and-so help information network crime is a case of judicial practice of network crime a microcosm of the specific crime patterns recognition,prosecutors indicted fraud as the cause of action,the court trial the defendant manhole so-and-so neutrality and the defense lawyers argued that behavior,belong to not punish network neutrality help behavior,The court ruled that the defendants were guilty of aiding information network crimes.The thesis takes the case as a breakthrough to explore the basis for the punishment of the network neutral help behavior,and proposes specific identification standards,so as to provide some reference for the specific identification of such cases in judicial practice.The following elements make up the thesis’ s primary subject matter:The case’s facts and the main point of contention are briefly described in the first section,which mainly focuses on the fact that Kong XX promoted the micro-loan web page service for others,and sent a large amount of customer information obtained from the network terminal to the downstream criminal agent,who used these information to carry out fraud activities,so as to debate the nature of Kong XX’s behavior.The controversial focus of this case is focused on whether Kong XX constitutes a punishable helping act of net neutrality.If it is confirmed that the punishable nature of his act,the nature of his behavior is an accomplice of the downstream crime or a separate crime.The main focus of the second section is a response to the contentious issue at hand in this case.Firstly,the concept of net neutrality helping behavior should be defined and differentiated from helping behavior,so as to classify Kong XX’s behavior as the punishable net neutrality helping behavior.Then it discusses the punishment basis of net neutrality helping behavior under the background of punishment basis of joint crime,and limits the punishment scope of net neutrality helping behavior from the violation of subject obligations,objective aspects and subjective aspects.Finally,the thesis discusses the establishment of Kong’s helping behavior,which should constitute the Crime of Helping Information Network Criminal Activities.The case facts and theoretical analysis of this case are the major foundation of the third section,which focuses on network crime and problem identification.First of all,the legislation must improve the punishment basis of net neutrality help behavior and limit the expansion of the scope of punishment.Secondly,the judicial practice should form a unified system of specific judgment rules,that is,to establish the “compromise theory + subjective knowledge presumption rule”comprehensive incriminating standards.Finally,it is necessary to make clear the crime boundary between the aiding criminal and the sole principal criminal in the network crime chain,so as to achieve the balance between crime and punishment.