網絡犯罪共犯行為的正犯化與定量評價

Accomplice of Cybercrimes Becoming Perpetrator and Its Quantifying

信息時代網絡空間中的共犯行為發生了“異化”，“一對多”的共犯模式成為常態，導致共犯的從屬性降低。司法實踐逐漸摸索出了共犯行為正犯化的定性解釋模式，並且逐步為共犯行為構建了獨立的定量評價規則，這在“發起”多人、幫助多人、針對多人的“不作為”“事後”共犯中都可參照借鑒。

Accomplice has alienated in the cyberspace in that “one to many” style has been common, which has decreased accomplice’s dependence. Justice practices have gradually endeavored the accomplice-becoming-perpetrator qualitative interpretation model, and has constructed independent quantitative rules for the accomplice, which could be drawn to cases of inciting many, assisting many, omission to many and accessory to many after the fact.