The Research On The Conviction Of Providing Network Technology Services For Fraudulent Websites

The act of providing network technical services for fraudulent websites involves not only the crime of fraud,but also the act of “providing technical support such as Internet access,server hosting,network storage and communication transmission for crimes” in the crime of helping information network crimes.The crime of helping information network crime,as a new crime in the amendment to the criminal law(ix),is limited by the lack of practical experience and the inherent ambiguity of the law.In the domain of the crime of providing network technical services for fraudulent websites,the crime of fraud and the crime of helping information network crime are either this or that.From the three typical cases of Hu helping information network crime case,You helping information network crime case and Zhang helping information network crime case,the definition of the concept of “knowing clearly”,if intention liaison necessary and its division of connotation and denotation,selection principle of fraud and help information network crime,these three questions is unavoidable and the most representative in such cases.On the basis of an all-round analysis of the above three disputes in the three cases,it can be seen that “knowing clearly” includes “ought to know”,and “ought to know” belongs to the category of presumed knowing rather than “not knowing”.The intention liaison is a necessary condition of helping the crime of information network crime,but due to the particularity of the crime of helping the information network crime,the intention liaison in the crime of helping the information network crime can lack the element of“the principal criminal knows that the helper knows that himself is helping the principal committing the crime”.According to the provisions of article 287,paragraph2,paragraph 3,of the criminal law,the crime of helping information network crimes can be combined with other crimes to constitute ideal jointed offense,and shall be dealt with in accordance with the punishment principle of the ideal jointed offense.Returning to the sample cases,the behavior of You and Zhang in providing network technical services for fraudulent websites could not be evaluated as a crime of fraud due to the imperfection of the meaning connection,which constituted the crime of helping information network crimes.The intention liaison between Hu and the principal offender is a complete,so his behavior can be evaluated as either helping the crime of information network crime or helping the crime of fraud.According tothe principle of “punish the felony”,it seems appropriate to determine the crime of fraud.