On The Limited Application Of The Crime Of Assisting Information Network Criminal Activitie

The crime of helping information network criminal activities is a newly added crime in the "Criminal Law Amendment(IX)",in order to cope with the new criminal law regulatory challenges brought about by the development of the Internet.In the process of judicial application of this crime,the number of cases has shown a blowout trend.In order to achieve the maximum unity of the humility of the criminal law and the protection of the society,the application of this crime should be limited.From the perspective of crime composition,this article summarizes the problems in the judicial application process and put forward his own point of view on the limited application of the crime of helping information network criminal activities in practice.The first chapter of this article has made relevant expressions on the legislative background,crime composition and concept of this crime.The second chapter of this paper summarizes the current judicial expansion trend of this crime,and takes actual cases as samples,summarizes the identification process and other aspects of the selected cases,and finds out various problems in the judicial application of this crime.The third chapter puts forward the view that the application of this crime must be greatly restricted in the judicial application process,and through the analysis of the harm of the judicial application expansion,it proposes the necessity of restricting the application.The fourth chapter of this paper takes the problems identified in the objective aspects of judicial practice as arguments,and realizes the limited application of this crime through the limited interpretation of the assisted behavior and the detailed analysis of the serious circumstances.The fifth chapter of this paper is based on the problems of subjective identification in judicial practice,and proposes a method to limit the application of crimes by improving the standard and other aspects of subjective knowing identification.The sixth chapter analyzes the nature of the crime,thinks that the nature of the crime of helping information network crime belongs to the normalization of the helping behavior,and analyzes the handling of the accomplice relationship of this crime.Chapter VII provides specific criteria for distinguishing this crime from the misunderstanding in practice of the crime of covering up,concealing the proceeds of crime,and the crime of proceeds of crime.