Study On The Crime Of Helping Information Cybercrime

The Criminal Law Amendment(9)establishes a new crime of aiding criminal activities in information network.Because this crime has just been established and the relevant laws and regulations and judicial interpretation are not yet perfect,there are many disputes in theory and judicial application.This article intends to study the crime of aiding criminal activities in information network through three parts.The first part mainly describes the background and process of legislation,while discussing the nature of the crime of aiding criminal activities in information network.The second part discusses the problems in judicial cognizance of this crime.The third part corresponds to the problems in the second part.In the subjective aspect of cognizance,this paper mainly analyses the connotation,content,degree and cognizance standard of the subjective element of "know perfectly well" one by one.In the objective aspect of cognizance,this paper analyses the "helping behavior" of the crime,the understanding of "crime" and the explanation of "circumstances of aggravation".On the issue of the quantity of crime,the author holds that the third paragraph of this crime is the application of idealkonkurrenz,no restrictive explanation is required.Under the circumstances that this crime and other crimes are constituted at the same time,the offender shall be convicted and punished according to the heavier penalty provisions.However,when this crime coincides with other crimes in overlap of articles of law,it should be punished according to the treatment principle of overlap of articles of law.In addition,the controversy over the application of paragraph 3 of this article and the doctrine of observing old laws and new ones when with lighter punishment is also discussed.On the issue of accomplice in this crime,this paper studies the problem of accomplice in this crime from the angleof accessory and instigator respectively,and discusses the indirect assistance and instigating assistance behavior in cybercrime should be identified as the accessory and instigator in this crime.