Normative attributes and interpretation correction of the crime of assisting in information cybercrime
The development of information technology has promoted the transformation of the participation structure of cy-bercrime from the pyramid structure of traditional crime hierarchy to the flat chain structure,making it necessary to add the crime of assisting in information network criminal activities to the legislation to cope with the change in the mode of criminal participation and solve the problem that network criminal activities do not fit traditional theories of joint offence.The legislator added"assisting behavior that does not fit the theory of joint offence"to regulate the crime of assisting in information network crime,but did not explain the nature of the crime.The theoretical discussion on the nature of this crime mainly focuses on the perspective of joint offence,but interpreting the nature of this crime based on joint offence may lead to applicable dilemmas such as lack of imputation standards when the principal offender does not exist or is dif-ficult to verify,weakening of intention connection,and difficulty in identifying accomplices.Theories such as sentencing rules and the criminalization of accomplices focus entirely on full joint offence,which unilaterally ignores the property of principal offender in the crime of assisting in information network criminal activities,resulting in applicable dilemmas and violating the legislative intent of this crime.Therefore,it is necessary to break out of the traditional shackles of single in-terpretation of the nature of crimes,recognize the principal offender property of some crimes of assisting in information network criminal activities,distinguish and identify the nature of this crime under the dual perspectives of"joint offence"and"principal offender",according to the difference between"assisting behavior that fits the theory of joint offence"and"assisting behavior that does not fit the theory of joint offence",so that the same crime presents dynamic interpretation of nature in different applicable situations,in order to solve the applicable dilemma of existing theories,fit the realistic trend that judicial practice is developing towards diversity and unpredictability,but due to the relative lag of traditional criminal law theory,there are constant conflicts in application.It is particularly necessary to rectify the application of crimes of assisting in information network criminal activities.
crime of assisting information network crime activitiesassisting behavior that does not fit the theory of joint offencenormative attributeinterpretation correction
万方数据
维普
