On The Judicial Application Of The Crime Of Helping Information Network Criminal Activities

China is late in connecting with the international access to the Internet,but the development is rapid.However,the network has greatly facilitated life while also bringing a large degree of security risks.Today,China’s cybercrime is frequent,seriously undermining the efficiency of production and life.The Amendment(IX)added the crime of helping internet criminal activities,a large number of cybercrime help is no longer recognized as an accomplice to the relevant crimes,but a separate crime,but also the case of different sentences.In this paper,I take Wei’s case of selling "two cards" and the provision of payment and settlement assistance for telecommunication fraud as examples on the introduction of a criminal offence of providing assistance information on the criminal activities of the network and the boundary between this crime and the crime of concealing and concealing the proceeds of crime.Through the analysis of the cases,I propose effective suggestions on how to facilitating crime on the information network in judicial practice and how to distinguish it from related crimes.There are three main parts.First part:introduction of this case and summarises the content of controversial cases.This part firstly introduces the facts of the case,the criminal act of the case,and secondly introduces the different characterization of the prosecutor’s office and the court for the crime of the perpetrator of the case,and summarizes the controversial focus of the case: Firstly,whether Wei’s card selling constitutes the offence of facilitating the organization of criminal activities on an information network.;secondly,whether Wei’s act of providing transfer service for the perpetrator of the network crime constitutes this crime or the crime of concealing and hiding the proceeds of crime.Second part:case commentary.For the first focus of controversy,although Wei objectively sold the bank card to the perpetrators of cybercrime,but at the trial could not prove its intention to provide assistance to others to implement cybercrime,while Wei in fact less times,a small amount,less pay to sell the bank card,can not be presumed that its subjective intent to infringe the relevant legal interests,does not constitute the offence of facilitating the organization of criminal activities on an information network..The second point of contention,Wei entered the special "money laundering" We Chat group by accepting the "task" to help transfer the funds transferred to its name bank card and then transferred to the superior,in fact constitute the crime of concealing,concealing the proceeds of crime.At the same time,this crime and the crime of concealing and concealing the proceeds of crime have different forms of expression in judicial practice,and I proposes in this part to distinguish the offence of facilitating the organization of criminal activities on an information network.from the crime of concealing and concealing the proceeds of crime in terms of infringing legal interests and subjective and objective factors.Third part:reflection and suggestion.In response to the trend of expansion on the determination of this crime in judicial practice,I proposes to strictly limit the presumption of subjective intent.At the same time,I finds that a considerable number of courts have not adequately reasoned in the application of the law,and have blurred the boundary between the offence of facilitating the organization of criminal activities on an information network.and related crimes in determining the crime.