| In order to respond to the increasingly harmful social crimes of cybercrime help,the Criminal Law Amendment(9)has added the crime of helping information cybercrime.However,due to the harsh conditions for the determination of this crime,it has brought a lot of trouble to the judicial practice community,and obstacles such as understanding and application of the law often appear.The article focuses on analyzing the current status of judicial application of this crime with 100 judgement documents from the effective date of the "Criminal Law Amendment(Ⅸ)" to February 2020 as the entry point,and believes that there are inconsistent behavior determinations in the judicial practice and are used to There are many shortcomings such as the common crime handling of information network crime and the large difference in sentencing.The main reason lies in the misunderstanding of the nature of this crime.There are two points of view on the crime of helping information cybercriminal activities in the theoretical and practical circles.The article believes that the traditional accomplice dependency theory cannot deny the criminalization of the act of assisting the crime,and further demonstrates that the crime is the attribute of the act of assisting the crime from the perspective of the original intention of the legislation and the judicial application of the crime.In terms of specific problems and countermeasures,through an inductive analysis of the judgment documents,the article proposes to implement a cumulative identification method based on the harmful behaviors of multiple helping objects,and proposes to use "out of business scope" and "guarantor obligations" as the consideration factors for criminalization.Further standardize the judicial application of this crime.At the same time,in terms of the understanding and application of the law,it discusses the types of behavior to refine the"crime" of the helper and clarify the standard of the "crime" of the helper,and proposes to interpret the "while constituting other The idea of the "crime" clause is intended to provide a certain concept of judicial practice for solving the increasingly rampant information network crime. |
