Help Information Network Crime Activities Crime Research

With the advent of the Internet era,the scale of network users in China keeps expanding and the proportion keeps rising.The network has become the carrier of data resources in all walks of life and is increasingly closely connected with the life of the public.Network security is related to the data security of all walks of life.But at the same time,China is also facing a serious network security problem,the frequent occurrence of network crimes,serious threat to people's data security.Relying on the rapid development of the Internet,the help behavior of information network crime is becoming more and more harmful to the security of the network space.The network help behavior is no longer dominated by the implementation of the network crime,which needs to be hit more accurately by the criminal code.In order to crack down on cyber crime,it is necessary to restrain the promotion of cyber crime by information cyber crime helping behavior and purify the cyber space."Criminal law amendment(ix)" added the crime of helping information network crime,will be serious cybercrime to help the crime to be convicted and punished,rather than according to the traditional theory of the criminal law to help the crime to deal with.Based on the complexity of network crime,the harmfulness of network helping behavior and the penalty penalty,this paper demonstrates that the establishment of this crime belongs to the principal offense of helping behavior,which breaks through the obstacles of conviction and punishment of accomplice and accomplice,and is conducive to the improvement of criminal law theory and the scientific and reasonable regulation of network helping behavior.The "crime" of this crime "knowing that others use the information network to commit crimes" is understood as an act which includes the specific provisions of the criminal law to define its behavior as a crime but which has not yet constituted a crime."Knowing" is one ofthe important constitutive elements of the crime of helping information network crime.It should not be premised on the existence of intentional contact with the perpetrator of information network crime,and the evaluation of the behavior of others in the sense of criminal law should be made before the implementation of the helping behavior.Based on the theory of criminal law and judicial practice,this paper defines the scope of punishment for neutral helping behavior and insists on the limited punishment for neutral helping behavior.For the neutral network help behavior,the principle of the unification of subjective and objective should be adhered to,and the scope of punishment should be limited to judge whether the help behavior should be subject to criminal punishment.Help network neutrality ACTS punishable judgment,objectively should consider whether network operators have to prevent the network crime,avoid the possibility of network crime violation results,should also consider whether help behavior of the person to be the helper of crime has a substantial benefits,whether a causal relationship,and harm the happening of the result.This paper makes a full analysis and demonstration of the crime pattern,joint crime and the difference between this crime and that crime,which is conducive to promoting the scope and standard of judicial application.