On the Punishability of Network Neutral Helping Behavior:Based on the Position of Moderate Subjective Theory
The"neutrality"of neutral helping behavior refers to the neutrality of the nature of helping behavior rather than the neutrality of subjective intention and daily behavior is one of the contents of the neutral helping behavior.Both pure subjective and objective theories have deficiencies in arguing the reasons for the crime of neutral assistance behavior on the internet.Considering the crucial role of subjective elements in determining the crime of neutral assistance behavior,a moderate subjective theory should be adopted.The basic principles of punishment are generally limited to the subject's gen-eral understanding of the occurrence of harmful consequences and positive intention to promote crime.In special cases,it can include laissez-faire intention.On the objective level of criminalization,the compliance with previous legal norms should be the only criterion for criminalization.Network neutral helping behavior can be specifically divided into three cate-gories:technical support-type helping,platform provision-type helping,and payment and settlement-type helping.For differ-ent types of helping subjects,different punishment standards should be applied in combination with the degree of correlation between helping behavior and legal interest infringement.
network neutral helping behaviorpunishabilitytheory of subjectivismcrime of aiding information net-work criminal activities
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