Discussion on the crime characterization of assisting information network crime activities
The existing qualitative views of the crime of aiding and abetting are all based on the theory of accomplice,but no matter the principal theory,accomplice theory or the combination theory,they cannot give consideration to the dual attribute definition of the crime of aiding and abetting in judicial interpreta-tion.Only by getting rid of the theory of accomplice can we achieve accurate characterization of the crime of aiding and abetting.The reason of misusing the theory of accomplice lies in the constitution of the crime of accomplice,and giving independent qualification of the constitution of the crime of accomplice can realize its accurate characterization while correcting the theory."Others use information network crime"is the symbolic expression of the characteristics of the co-offender in the provisions of the crime of helping the trust,and giving it independent constituent elements of the crime can give the crime of helping the trust independent qualification of the crime,and"others use information network crime"can only be regarded as the objective circumstances of the crime of helping the trust.The crime of helping trust can then realize the nature of principal offender according to its independent crime constitution.
crime of helping information network crimeconfirmation of characterjoint crimesprincipal offender
NETL
NSTL
万方数据
维普
