Research On Judicial Application Of Crime Of Helping Information For Network Crime

The content of this paper is the judicial application of the crime of aiding information network crime,which is added to the Criminal Law Amendment(9).Apart from the introduction,the article is divided into four parts:The first chapter is entitled "The Nature of Crime of Helping Information Cybercrime".As for the nature of this crime,there are two main points of view in academic circles: the theory of helping the perpetrator and the theory of sentencing rules.The criminalization of the act of assistance means that the act of assistance originally belongs to the act of execution is convicted separately,and the provisions of the General Provisions on accomplice are no longer applicable.It is more scientific to define this crime as helping the perpetrator of acts.Helping the perpetrator of acts can overcome the shortcomings of traditional accomplice theory in dealing with cybercrime,which is an inevitable requirement for dealing with cybercrime in a risk society.At present,the judicial application of the crime of helping information network criminal activities mainly exists in the inconsistency of the criteria for identifying the constituent elements,especially for the subjective elements;the boundary between this crime and similar crimes.Lack of clarity leads to confusion in the application of similar charges in judicial practice.The second chapter is entitled "The current situation and problems of judicial application of crime of aiding information network crime".Through sorting out and analyzing the relevant cases,it is found thatjudicial practice shows a cautious attitude towards the application of this crime,which restricts the application effect of this crime.At present,the judicial application of the crime of helping information network criminal activities mainly exists in the inconsistency of the criteria for identifying the constituent elements,especially for the subjective elements;the boundary between this crime and similar crimes.Lack of clarity leads to confusion in the application of similar charges in judicial practice.At present,the judicial application of the crime of helping information network criminal activities mainly exists in the inconsistency of the criteria for identifying the constituent elements,especially for the subjective elements;the boundary between this crime and similar crimes.Lack of clarity leads to confusion in the application of similar charges in judicial practice.Chapter ? is entitled "Ascertaining the Constitutive Elements of Crime of Helping Information Network Crime".Mainly on the network help behavior and the "know-it" elements of the analysis.The act of help should be limited to the essential and significant act of help in cybercrime.In addition to providing some technical support,the behavior types of crime of helping information network criminal activities also include advertising promotion,payment and settlement activities."Knowing" should include "knowing" which needs to be judged comprehensively by combining subjective and objective factors such as the cognitive ability of the actor,witness testimony and network technology.Chapter ? is entitled "Research on the Crime of Helping Information Network Crime".It mainly includes three parts,one is theunderstanding and identification of "serious circumstances",the other is the understanding and application of the clause of "constituting other crimes at the same time" and the principle of "lessening both the old and the light",and the third is the judicial distinction with the related charges."Serious circumstances" belongs to the constituent elements of this crime.Serious circumstances can restrict the expansion of punishment for neutral technical acts to a certain extent,so strict standards of identification should be followed.The provisions of the third paragraph of this crime "constituting other crimes at the same time" are the provisions of imaginative concurrence,and its application should be constrained.