Research On Judicial Application Of Crime Of Helping Information Network Crime

Since 2015,the Criminal Law Amendment(IX)has added the crime of helping information network criminal activities,which has been included in the seventh chapter of the Criminal Law.The establishment of this crime is to effectively punish the professional and network black "gray" industrial chain of network crimes to help the behavior,cut off the technical assistance of network crimes,and at the same time to repair the new problems brought by Internet technology and the "incompatibility" between the criminal participation system is of great significance.From the perspective of judicial practice,the provisions of this crime are fuzzy,and the standard of conviction and sentencing is more principle-so that the judicial organs can not accurately grasp the scope of punishment of this crime.In 2019,the Supreme People’s Court and the Supreme People’s Procuratorate issued the Law to Criminal Cases of Illegal Use of Information Networks and Assisting Information Cyber Crimes.The law issued "know","serious" specific provision is clear and provides the crime accurately apply make up,to some extent the judicial determination of chaos,but there are still some problems to be further discussed.This paper intends to analyze and solve the relevant problems from the empirical perspective,mainly including the connotation and identification standard of subjective "knowing",the discussion of the punishable neutral helping behavior,the rethinking of the conviction circumstances standard of this crime,and the treatment of crime competition and cooperation.This paper focus on starting from the practical judgment,statistical data and contrast cases can be more intuitive to show this crime judicial application present situation,found that the vast majority of the judgment of "knowing" that no detailed reasoning,judgment existing content more show behavior person to provide the specific behavior of network crime to help,but for whether the behavior of "serious" stipulated in this crime,choose the one has brought the majority of papers,from the perspective of the crimes of this crime,this crime with "knowledge + specific help type" form of highly summarized.The generality of the constitutive elements and the similarity with aiding crime often appear in practice in the same case of different sentences,sentencing basis is different and so on,may cause the dispute in the application of the charge.The "crime" meaning explanation,should make appropriate expansion for the standard of "serious",the basis of practical judicial case presumption give more detailed standards of behavior.For the cognizance of the crime charges associated with other chaos problem,this paper argues that should distinguish between subjective mentality on the degree of "knowing",the association of accomplices should be brought back to the standard of "collusion",and combining with its help behavior to be help people found,extent of crime for with other divisions,pay attention to the discrimination and analysis of charges from many aspects.