Research On Aiding Act As Principle Offender

After the promulgation of the Amendment(IX)to the Criminal Law,the introduction of the crime of helping information network criminal activities has aroused heated discussion among scholars on helping to commit crimes.In the process of the development of criminal law in China,there is a controversy between affirmation and negation in the academic circles,and this article agrees with the necessity and feasibility of the existence of the positive criminalization of helping behaviors from the standpoint of affirmative theory.There are already some crimes of helping to justify acts in the sub-provisions of China’s criminal law,but these crimes have encountered the problem of low usage and overlapping crimes in practice.Through the combing of the crime of helping behavior and the analysis of existing problems,this paper finds that there is a lack of reasonable theoretical support for the criminalization of helping behavior in China,so that there are problems such as uncertain legislative concept,vague expression of crime,and unscientific punishment in judicial practice.In order to solve the above problems,it is necessary to make the criminalization of help behavior achieve theoretical self-consistency in China’s criminal law theory,and Chinese scholars have made many useful attempts from the two directions of adhering to the accomplice system and breaking through the accomplice system.Through the study of scholars’ views,this paper starts from the theory of law and benefit to solve the existing problems,and attempts to put forward its own suggestions on legislation and judicial practice to help criminalize behavior through the method of legal theology without destroying the accomplice system in China.In terms of legislation,the principle of modesty in criminal law should be implemented to carefully set up crimes and clearly express the charges.In the judicial aspect,the charges should be reasonably applied and the punishment should be reasonably imposed.