Assist In The Judicial Determination Of Information Network Criminal Activities

With the advent of the Internet era,the role of the Internet has evolved from a tool of communication between people to an independent space for individuals.This kind of independent space,which provides great convenience for our life and is closely related to our life,has also become the site of a series of new Internet crimes,and presents an increasingly fierce trend.According to the data obtained from the "Net2021" special action carried out by the national public security organs,the tentacles of the network crime industry have penetrated into every bit of social and personal life,and the scope of the industry is also showing a trend of expanding,and the network crime is no longer a strange term for people.Based on this,"criminal law amendment(9)" the network crime of arises at the historic moment,help information network crime crime is drawn up under the historical background,the establishment of this crime is to maximize the technical help to cut off the network crime,effective stop to help industry chain,Internet crime behavior.It is true that the establishment of the crime has played a positive role in combating and preventing crimes and protecting the Internet order better,but there are also various problems in the judicial practice of the crime due to the disunity of the identification standards and the generalization of the identification conditions.Judicial explanation of "2019 projects" and "projects" jointly issued by the ministry in 2021 on the deal with telecom network fraud criminal cases such as opinions on some issues of applicable law(2),on how to properly help information network crime,further refinement of the relevant standards,to a certain extent,ease the judicial cognizance of chaos,It broadens the possibility of application in the judicial process of the crime,and also further improves the identification standards of other cyber crime cases,and lays a basic strict critical range of crime.However,due to the particularity of the nature of the law itself,the introduction of its judicial interpretation can not cover and solve all the problems in the practice of the crime,and its application problems and practical focus issues still need to be further discussed and the follow-up procedures complement and perfect.Based on network crime concealment and complexity,according to the related criminal law regulation,starting from the practical judgment,for this crime in the practice of a controversial analyses and discusses several problems,in order to contribute their own humble opinion: a qualitative analysis as well as the crime punishment of this crime is whether the dependency theory broke through the traditional accomplice;Secondly,the legal provisions of the crime are vague,and how to clearly define the subjective and objective elements of the crime,such as the scope of the crime of neutral help,the identification standard of serious circumstances,the intentional identification of help,knowing understanding and knowing identification,etc.Thirdly,how to correctly define the difference between this crime and other crimes so as to ensure that the application of this crime in judicial practice is compatible with the principle of statutory punishment for a crime in criminal law.Since the establishment of the network platform,it should never be regarded as a place outside the law.The online help behavior based on the network platform should also be restricted and restricted by relevant rules,and everyone’s online help behavior should be compliant and legal.