On Judicial Application Of Crime Of Helping Information Network Crime

Help Information The crime of cybercrime is a new crime that the “Criminal Law Amendment(9)” was established in 2015 and has come into force.After nearly two years of judicial practice,the regulation of the help behavior in information cybercrime has achieved initial success.However,the theoretical disputes and judicial application problems at the beginning of the establishment still exist.Due to the lack of relevant supporting judicial interpretations,there is still the possibility of extending the scope of the penalties in the process of applying the crime,and there is also a more confusing phenomenon in the application.Based on this,this article intends to study the legal precedents for the crime of information cybercrime.Based on the jurisprudence,this article will summarize the specific issues that apply to it,and put forward suggestions for improving the judicial application.The first part is to help the crime of information cybercrime.It mainly introduces the legislative background and the constitutive elements of this crime.The second part is about the status quo and problems of the judicial application of information crime crime.Refer to the Judicial Document Network for a summary of the current situation of judicial application and the introduction of selected cases.On the basis of reading and analyzing cases,the following issues have been summed up in the judicial application of the crime of helping cybercrime: the identification of the “beknown” in the cyber environment is difficult;the range of penalties for neutral assistance is not clear enough;The principle of handling is not uniform.In the third part,on the basis of reading literature and collating jurisprudence,we collect and study the theoretical controversy about the crime.The different theories of combing the “knowledge” are proposed to put forward the position of this paper;learn from the punishability theory of neutral help behavior abroad;summarize the different understanding of the third paragraph of the crime,and propose the standard of this article.In the fourth part,on the outstanding issues in the second chapter,the author puts forward the position that should be applied to the crime of information cybercrime.To clarify the "knowing" standard of recognition,whether the perpetrator knows the intention of the crime;learn from the "eclectic" to limit the punishment of neutral help;according to the third paragraph of the crime,deal with the relationship between other crimes,do Responsible for sins and punishments.