网络直播聚合犯罪的罪因、特征与治理措施

网络直播聚合犯罪愈演愈烈，主要集中于知识产权犯罪和色情犯罪领域，国内目前对该类犯罪的研究较少。网络直播聚合犯罪与社会结构方面的紧张、个人违法性意识方面的紧张存在关系，前者主要体现为：商品拜物教影响下的部分民众设定目标时日益以物质获得为参考系；阶层固化使得处于部分底层民众无法通过制度性手段实现目标。后者主要体现为网络直播聚合犯罪者实施犯罪，与其权衡犯罪成本与获利数额、心存侥幸有关。在对案例进行实证分析的前提下，归纳概括出此类犯罪的三个主要特征：犯罪主体呈现出低龄化、学历较低、无业状态较多的特点；分工的复杂性、网络的匿名性使得犯罪的隐蔽性较强；黑灰产业链业已形成并成熟。对此类犯罪的治理，应当坚持惩防并举，在惩罚方面应当注意网络直播聚合共同犯罪认定规则的变通适用，以及网络直播聚合犯罪立法扩张、司法限缩与严格执法之间的关系；在预防方面应当构建国家、社会两位一体的预防模式。

Causes, Characteristics and Governance Measures of The Crimes of Webcast Aggregation Software

The crimes of webcast aggregation software are becoming more and more intense. These crimes are mainly concentrated in the field of intellectual property and pornography crimes, but there is less research on such crimes. The crimes of webcast aggregation software are related to the tension of social structure and individual illegality consciousness. The former is reflected in the fact that some people under the influence of commodity fetishism are increasingly taking material acquisition as a reference when setting goals, and the solidification of class makes it impossible for some people at the lower level to achieve goals through institutional means. The latter shows that committing a crime is related to weighing the cost of crime, the amount of profit, and taking chances. On the premise of empirical analysis of the cases, this kind of crime has three characteristics: The offenders have the characteristics of younger age, lower educational background and more unemployment. The complexity of the division of labor and the anonymity of the network make the crime more concealed. The industrial chain of black ash has been formed and matured. To deal with such crimes, we should insist on punishment and prevention at the same time. In terms of punishment, we should pay attention to the flexible application of the rules of joint crimes in the field of network, and the relationship between the legislative expansion, judicial restriction and strict law enforcement of the crimes of webcast aggregation software. In terms of prevention, the country and the society should be involved in the prevention model.