Helping Information Network Crime

With the development of network,the society becomes more and more networked and virtual.The development of the Internet has brought a lot of convenience for the society,but also led to a number of crimes against the community.In terms of neutral network services,network service providers provide technical support,advertising promotion,payment settlement and other help behavior,But these behaviors in the network to meet the needs of users at the same time,but also to help the network crime.Therefore,in 2015,the newly added crime of helping information network crime in criminal law.Increase the intensity of the fight against cyber crime,but also shows the independence of the crime to help the behavior of the crime.The establishment of this crime,to a certain extent,can guide the innovation and development of the network technology,and is conducive to the development of the Internet environment and the security of the network users.There are still some problems in the theory and practice of the crime of helping the information network crime,This paper will analyze and discuss.This paper consists of four parts:The first part is the first chapter of this paper.The first part introduces the purpose and significance of the research,and summarizes the research status at home and abroad.At the same time,this paper summarizes the research methods and innovation points.The second part is the analysis of the concept and elements of the crime of helping the network crime.First of all,this paper gives a brief overview of the concept of the crime.Secondly,from the main body of the crime,the subjective aspect,the object and the objective aspect carries on the detailed analysis.The subject of this crime is the general subject,the individual and the unit can be the main body of the crime.The subjective aspect of crime is "knowing perfectly well".In this article,the author studies and analyses the two aspects of the understanding and recognition of knowing and understanding.The object of this crime is a complex object,that is,the damage to the information network security order,but also seriously harm other legal interests.The objective aspect of the crime,the author will focus on the analysis.including three aspects: An analysis of the characteristics of helping behavior?The theoretical understanding of the behavior and helping behavior,and the specific analysis and identification of "serious circumstances".The third part is to analyze and identify the important issues related to the crime of helping the network crime.Mainly from the definition of the nature and scope of helping behavior,accomplished and attempted crime cognizance,helping behavior and help behavior relationship between accomplice and crime number form four aspects of research and discussion.In the definition of the nature and scope of helping behavior,this paper mainly analyzes the two aspects of the definition of the nature of the neutral business behavior,such as the vague definition of the nature of legitimacy and the scope of the punishment of the helping behavior.In the identification of accomplished and attempted,mainly from the two aspects of the subjective and objective analysis to the problem of crime,for the attempted mainly analyzed two kinds of the establishment of this crime case.In addition,it also analyzes and compares the help behavior and the help behavior of the accomplice.In the analysis of the number of crimes,the author analyzes the simple behavior of the perpetrator and the complex help behavior.The fourth part is the analysis and Research on the problems of setting up the crime of helping the network crime,and some suggestions are put forward.The author puts forward two important issues,including the limitation of the legitimacy of business conduct and the punishment of neutral help behavior.The last part is the conclusion,is a summary of the previous article.