On The Crime Of Assisting Information Network Criminal Activitie

With the rapid development of information network,cyber crimes emerge one after another,and the division of labor between actors is becoming more and more detailed,which makes the neutral behavior that was not harmful in the past harmful under certain conditions,which leads to the significance of independent evaluation of the letter-helping behavior that was once treated as an accomplice.Therefore,the Criminal Law Amendment(IX)added the crime of helping information network criminal activities,and later issued many judicial interpretations to deal with the high incidence of cyber crimes.The establishment of this crime is to cut off the technical support of information network crimes.The application of this crime should be very clear,that is,it should be applied when it cannot be identified as an accomplice of upstream crimes,and it will be severely punished in the case of concurrence with upstream crimes.However,in judicial practice,the application of the crime of helping the letter shows an expanding trend,and there is a phenomenon of paying more attention to behavior than punishment.The reason for this problem lies in the difference in understanding whether the act of aiding a letter should be treated as an accomplice in the upstream crime or applied independently.On the contrary,it is essentially a neutral behavior that has existed in human society for a long time.Therefore,it is demonstrated from the perspective of the punishability of neutral behavior,and the main direction of the application of the crime of helping letters is clearly defined in theory.Subjectively,the difference between the crime of aiding a letter and other crimes is mainly reflected in the different contents and objects of "knowing".Before adding this crime,the act of aiding a letter was treated as an accomplice,so subjectively,the difference between the "knowing" that constitutes an accomplice and the "knowing" that constitutes the crime of aiding a letter should be clarified.Although the scope of the behavior types of letter-aiding crime has been defined by legislation,the development of information network is bound to make the types of letter-aiding behavior more abundant,so studying the existing behavior types in legislation and judicial interpretation is helpful to deal with the new types ofletter-aiding behavior in the future.In judicial practice,there are different understandings of the standard of "serious circumstances" in the crime of helping the letter.Therefore,this paper demonstrates the standard of "serious circumstances" in combination with the Minutes of the Action Meeting of "Breaking the Card" to further clarify the scope of application of the crime of helping the letter.The relationship between the crime of aiding the letter and the crime of fraud,information network crime,concealing,concealing the proceeds of crime and the crime proceeds is a hot issue in academic circles.Whether the relationship between the crime of aiding the letter and the joint crime is inclusive or cross-cutting plays a decisive role in identifying the accomplice of the upstream crime or applying this crime independently.The ultimate purpose of this paper is to dig out the principle behind the crime of helping the letter and make the position of the crime of helping the letter in our criminal law system more clear.