Some Problems To Study Crime Of Illegal Use Of Information Network

In April 2016,In the process of law practice,I had assisted lawyers conducted a related telecommunications fraud criminal defense.The defendant as a senior student,does not know the identity of a person(claimed to be the prosecutor),is remote controlled by others' phone,Wechat and computer,help him for defrauding an old lady about two hundred thousand yuan.Soon arrested.I was impressed by the person through the Wechat sent the fake ID to the student,Imitated the detective work,lead students to think he does help inspection organs handling! In addition,prosecutors later spent a lot of effort through the investigation,Wechat,phone,bank account was also unable to check the card behind the truth The real identity,let alone talk to punish them.I think,the biggest issue here is the virtual information network makes it difficult to judge true and false,and provides convenience for illegal and criminal activities.Considering the crime of illegal use of information network is for the use of information network in advance of criminal regulation,I am very interested in it.Therefore,the author chooses this crime as the topic of my master's thesis.This is the "criminal law amendment(nine)" is a new crime,the criminal law of the first section of the sixth chapter the crime of disrupting public order.For this crime,Theory from the Angle of legislation necessity and criminal punishment can be more to question and criticize,cases in the judicial practice is less,and lead to the lack of relevant judicial explanation scope,on the basis of slightly less than smaller.In addition,The supreme people's court and the supreme people's procuratorate jointly issued a release [2013] No.21 on the implementation of the use of information networks for libel and other finds some issues of applicable law in criminal cases such as the implementation of the traditional explanations of crimes to the related information network established by the judicial standard.Clear the information network as a means of implementation of other crimes that will be the illegal use of information network implementation of other crimes in his crime.This crime and judicial interpretation has some overlap and conflict,to the implementation of the problem Therefore,on the basis of this,this paper tries to discuss and confirm the judicial application of this crime,and take this as the innovation of this paper point,and seek advice from everyone.The first part of this article,starting from the concept and basic constitution of this crime,based on relevant legislation background theory controversy.In fact,the crime based on the criminal policy of preparatory acts severely punished,resulting in the form of crime in preparation and properties of the essence of the preparatory crime dispute.However,the existence of independent crime,both formal illegality and substantive illegality,thus "preparatory practices" theory can provide supplement and explanation for its independent crime role.The second part is the two type of behavior on the objective aspect of the crime and common elements this crime is analyzed.Common elements include: first,the "criminal".The "illegal" refers to the criminal law;two,"serious".Learnning from the relevant judicial interpretation and combining with the case,the quantitative criteria and the consequences identified as "serious" elements.Behavior types: first,set up a website for illegal and criminal activities,the establishment of "naked loan communication groups.The platform" and "naked loan group" can be identified as crime;but compile the Trojans,as three kinds of behavior type of behavior does not constitute this crime,crime can constitute the related preparatory crime.Two,issued illegal and criminal activities."Sky Drive account file storage obscene,belong to" illegal activities "password" the "forward" behavior;by literal interpretation is consistent with the basic connotation of "publishing".Three,in order to implement illegal and criminal activities and release information.A typical case is the common use of "pseudo base station" is not specific to Release of fraud information most,the main problem is that "in order to prove that the implementation of criminal activities" judicial presumption,this recognition disproof role.At the same time,this behavior may also touch disrupt radio communications management order crime.The third part is the recognition of this crime.There are many ways of "employing other people to illegally use the information network",which can be punier when the person who is hired is the only act of preparation for the crime.The employer who has attempted to commit crimes committed by other people is a serious offender,and the criminal punishment is high "Help conduct criminal activities for others" should be divided into collusion and non collusion(one-sided accomplice)two under the condition of collusion.Undoubtedly constitute an accomplice,not the case and conspires to help information network crime.The last part is to study the problem of imaginative joiner of offenses.The information network as a means to one of the elements of the crime and the crime of fraud with imagination.In addition,the crime,and the crime of imparting criminal methods constitute implicated.Finally,when the light dependent preparatory crime.Should select a heavy punishment.Although some of the conclusions of this paper are still immature and lack of sufficient proof,it is highly appreciated if the judicial practice can pay attention to the questions.