The chain and node-oriented organizational structure of organized cybercrime make a considerable number of objective and harmless neutral help behaviors in the organized cybercrime industry chain.However,the definition of neutral help behaviors of organized cybercrime and the judgment basis of punishment are controversial.The neutral helping behavior of organized cybercrime should be distinguished from general help behavior of organ-ized cybercrime by its neutral and professional characteristics.The judgment of the organized cybercrime's neutral helping behavior should adhere to the compromise theory,which requires the objective causality with the principal's result and the subjective principle of having direct intention,with the exception of indirect intention.It is neces-sary to classify and discuss the types of neutral help behavior of purely organized cybercrime and the number of crimes of neutral help behavior of organized cybercrime that can be punished.
关键词
网络有组织犯罪/中立帮助行为/可罚性判断/类型化研究
Key words
organized cybercrime/neutral help behavior/punishable judgment/typing study
维普
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