Facing the increasingly rampant phenomenon of the current network of common crimes，It must be based on respect for public opinion，Difficulties in the crime of joint crime of common crimes in a targeted manner，Building the foundation of the punishment regulations，Realization of the application of criminal law。

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Criminal Law specification system built based on the common criminal state of real society is dealing with the common crime of network crime，I encountered a series of problems in a series of convicted crimes，It mainly includes four aspects。

First，The criteria for the identification of the Internet sharing are unclear，Some subjects cannot be held accountable。For example，"Knowing" of "knowing" of other people's information network crimes cannot be determined，The overall determination of the facts of the Communist Party is difficult to find out due to the large number of the victims or some personnel running away.，The identification of the crime of the Internet is a lag lag，Network platforms are rarely held accountable，etc.。

Second，There are different regulatory paths，Different judgments in the same case are common。For example，Help collection behavior in online fraud is to help information network criminal activities guilty，Still relying on the traditional crime of crime theory，The practice world is not consistent。

third，Substitute cases are common，Unknown relationships。In the handling of common crimes on the Internet，Common main criminals do not get the case and deal with the criminals separately，Or some of the cases are dealt with and other criminals are escaping、Situation of another case，It is often difficult to accurately measure the role of the Bet365 app download defendant in the common crime of the Internet。

fourth，Singing torture 畸，Criminal criminals from light tendencies and obvious。Specifically，The penalty and criminal amount of the prisoners、The positive relationship of the plot is not accurate enough，The criteria for judging the circumstances of sentencing are different，Vaguely dealing with the suspect of "estimated torture"，This leads to the imbalance of sentencing of the Internet criminals。

　　Improve the theory of common crime of network

In view of the view of negative criminal law、The traditional criminal law theoretical system supported by the principle of modesty of the criminal law is gradually failed in the risk society of dangerous risks，To effectively combat the joint crime of the network，It should be under the guidance of the concept of safety torture，Improve the theory of common crime of network，Consolidate the theoretical foundation of its criminal regulations。

The first is the basic theory of reform common crime。On the one hand，Punishment of the Communist Party，It should be returned to purely provoke it，The theory of the smallest attribute，As long as the activity of the co -criminals indicates the direction of the legal and benefits of the act of right，The factual level of the fact that the positive crime infringes the cause and effect process of legal benefits，You can punish the confession。On the other hand，In essence of committing a common，Actions should be taken together，Understand the common crime as a crime form that the co -prisoners use each other's behavior to achieve their criminal purpose，Different participants in accordance with the common crime of network joint crime。

The second is to correct the intentional theory of common crime。First，Weaken the meaning of the meaning of co -crimes，Do not require the co -prisoner to have a precise understanding of the identity of other participants，bet365 best casino games Even if some of the prisoners cannot find out their identity，It does not affect the identification of common crimes。Next，Do not require the criminals to communicate between others and others who participate in the same crime，Especially in online crime group，As long as I realize that I am using it with each other、Supplement to complete the crime together。Last，Direct communication between participants is not required，As long as the common behavior is not necessarily intentional。Based on this，Network technical service providers argued that they do not know that others crimes，It can be refuted through judicial positive。

Third is to make up for the theory of the main body of cyber crime。Based on illegal co -theory，A co -criminals or a criminal who are not in the right offenders can be attributed。So，Network service provider who helps help，The type of criminal responsibility system should be constructed，is mainly service type standards，Supplemented by service objects and service standards，distinguish it as "providing service providers for your information" and including network access service providers、Network information positioning service provider、Network storage service provider、"Provide a service for others"。According to their respective ability to control network information、The tightness of users with illegal networks and the role that may play in maintaining the network order，Reasonable structure、Obligation system with an orderly and orderly order，and then clarify the common responsibility it may bear、Criminal criminal responsibility or inaction as a border of responsibility for righteousness。

Fourth is to improve the theory of criminal crimes of cyclical。Establish conviction standards with network characteristics，is the primary way to solve the unequal criminal and sentence of the Internet。So，The quantity standard of the number of network Bet365 app download features should be introduced，Further clarify the impact of the plot on sentencing。Quotation of the amount of crime of crime of communist coexistence，It is necessary to establish the conviction criteria based on the amount of each participation、Mechanism with the amount of scores as the standard for sentencing。At the same time，The diversity of the form of co -crimes in the Internet breaks the general understanding of the relationship between the form of co -crimes and the degree of social harm，Help the criminals to help the Internet may not be identified as a criminal，No need to be punished from wide punishment。other，The situation of part of the common occurrence in practice is not attributed or handled by another case，You can learn from the UK、​​United States、France、The "equivalent punishment model" of the national criminal law such as Italy，The fact that the judge is found based on the facts、Method and degree of crime participation，Specifically determine the criminal responsibility of each participant。

What needs to be emphasized is，Public opinion is sometimes unreasonable，Therefore, while respecting public opinion and strengthening the combination of Internet crimes，It should also guide the public concept appropriately，Persistence on the legal principles of criminal punishment，New Connotation of the Principles of Criminal Law，No repeated evaluation，Reasonable development of interests。Based on this，Technical help behavior of the implementation of online service providers，It should be taken into account the legitimacy of its daily business and the precedent of positive intention，Moderate width when the conviction is quantitatively widen，To achieve a balance between the development of cybercrime and the development of the Internet。

　Unification of the application of criminal law

For the current status of diverse regulation paths in my country ’s Bet365 app download Internet,，and thus leading to judicial applications at random、Violation of the basic principles of criminal law，The system of joint criminal criminal criminal criminal criminal law system should be reconstructed，Uniform to realize the application of legal applications。

First，Clarify the principle of cyber joint criminal criminal punishment regulations。One is the principle of judicial priority and legislation follow -up。That is, the regulation of the common criminals shall be given priority to the judicial level，Legislation is the last means。Only through the amendments to the theory of the traditional co -crime and the explanation of the division rules, it is difficult to achieve the purpose of the criminal policy of cybercrime，Only the true logic starting point of comprehensive legislation is constituted。The second is to avoid the principle of punishment gap。Do not try to clearly clear the boundary between different regulation paths，Because this is likely to form a penalty gap。Since different regulations have their own value，It should face the phenomenon that may appear between various paths。The third is the principle of rational rationality of sentencing。Combination theory proposition，Implement one felony punishment，It can solve the problem of applicable to criminal law when staggered at different paths。But，This will not only bring major criminal legal risks to the business activities of the network servicers，Restricting innovation and development in the field of information network，And the technology that may not have an important role in the common crime of the network helps crime responsibility is more important than the crime，So when choosing torture rules，It is not appropriate to pursue strict punishment effect。

Second，Establishing the order of the system of joint crime of network common crime。Based on bet365 Play online games the current criminal law in my country，Regulations on the common crime of the network，It should be established "the path of the common commitment、Other paths are supplemented by "regulatory order。Because other paths other than the path of the coexistence are on the applicable range，Have obvious limitations，Applicable principles of common crimes for punishment，It is easier to adapt to punishment and punishment。and，The so -called co -crime of crime of criminals introduced by legislation is not true，No fully break through the principles of the co -conceded subordinate attribute，The punishment of helping the offender is still attached to the positive criminals to a certain extent。

Last，Refine the network of common criminal criminal criminal regulations。The phenomenon of judicial alienation to correct the common crime of the network，It should also be re -explained to the relevant provisions，Coordination and unity of the function of ensuring criminal law。The first is to limit the crime of helping to help the information network crime activity，Limited the crime behavior as a special network information technology help behavior that loses its business neutrality and is directly associated with the positive crimes。The second is to appropriately apply the competence provisions，That is to help sex with special help，Choose a felony punishment between the crime of violated the crime and the crime of helping the information network crime;，It constitutes a co -crime with the executive，to avoid the main crime and punishment。Third, the boundary of the responsibility of not being a righteous crime and the responsibility of co -crime，Help criminals for cyber crime composed of inappropriate forms，It should not be guilty of helping information network crime activities。The reason is，Inaction is a more active behavior.，And the inappropriate bet365 Play online games inaction of the fact that the order of the important information network management and other legal benefits is not a criminal，On the basis of clarifying its guarantor obligation，Criminal liability that can be directly investigated as an inaction。

　　(Author is an associate professor at the School of Law of Huazhong Normal University)