On The Crime Of Illegal Use Of Information Network

The use of network information to carry out criminal activities with telecommunication fraud as the main type has gradually become the preference and choice of criminals.Non-traditional crimes cause losses to victims and affect the network security order to a large extent.The "Criminal Law Amendment(IX)" adds the crime of illegally using information networks,and independently stipulates the use of the Internet to prepare for criminal activities as a separate crime in the criminal law.The setting of the crime of illegal use of information network will reduce the risk of using network crime and help to precisely crack down on illegal and criminal activities that use network information.At the same time,this crime also faces some controversies in theory,such as the necessity and legitimacy of the implementation of preparatory acts,the scope of protection of legal interests in this crime,and the overlap of criminal law and other laws involved in this crime.This paper is divided into three parts as a whole,The first part is an overview of the illegal use of information network.The second part is the subjective and objective constituent elements of this crime,starting from the analysis of the objective stratum and the subjective stratum,to determine the scope of this crime's protection of legal interests,the characteristics of the type of this crime,and to clarify the form and identification of this crime's subjective guilt.In order to get a specific and detailed grasp of the crime composition of this crime.The third part is the problems existing in judicial application,mainly including the specific identification of "serious circumstances",the overlap between administrative lawlessness and criminal lawlessness,the problem of demarcation,the identification of accomplices in this crime,and other crimes,such as helping information network crime The connection and demarcation of activity crime.