Help Information Research On Crimes Of Cybercrime

In today’s era,the rapid development of network technology has brought a lot of convenience to our life,but at the same time,it has also provided more criminal platforms for network crimes,spawning many new types of network crimes.Under this background,the traditional legal norms cannot be satisfied with the development of the society,in view of this,on August 29,2015,the standing committee of the National People’s Congress passed the amendment to the criminal law of the People’s Republic of China(9)(hereinafter referred to as the “criminal law amendment(9)”),added some new network crime types,in order to further made substantial efforts to crack down on Internet crime.The crime of helping information network is one of them.Since the harmfulness of helping behavior such as network technical help has gradually surpassed the harmfulness of the criminal behavior carried out by the helper,it is no longer possible to evaluate the helper’s behavior only based on the traditional theory of joint crime.Therefore,the crime of helping information network crime is newly added to standardize some network technology helping behaviors and turn the helping behaviors into criminals.The crime of helping information network refers to the crime that the act of providing technical support such as Internet access,server hosting,network storage and communication transmission,or providing help such as advertising promotion and payment and settlement,etc.to others who knowingly commit crimes through information network is upgraded to an independent act of execution.Since the establishment of the crime,there is still no relevant laws and regulations or judicial interpretation,so there are still big differences between the theoretical and practical circles on the nature and identification of the crime.Firstly,in terms of the nature of this crime,this paper will draw the conclusion that why the author agrees that "this crime is the principal offense of helping behavior" through the analysis and comparison of the mainstream viewpoints in the theoretical circle.In terms of the cognizance of this crime,because there is no corresponding judicial interpretation,in practice to have different standard of the constitutive requirements of crime,therefore this article through to the light of constitutive requirements,namely,object,objective aspect,subject,subjective aspect of the four elements is analyzed,which will focus on the "knowledge" and "serious" constitutive requirements is discussed.This paper argues that "knowing" means not only knowing that one has helped others,but also knowing that others have committed crimes by using information networks,and knowing that it can be "known","ought to know" or even "may know".Of course,this paper also proposes a way to determine the "serious circumstances",so it hopes to clarify the determination of this crime to a certain extent,and provide theoretical guidance for the problems encountered in judicial practice.Finally,the author will demonstrate the relationship between the crime of helping information network crime and other related crimes by combining practical cases.