On The Science Limit Of Helping The Crime Of Helping Information Network Crime Activities

The establishment of the crime of helping information network crime activities is to cut off the source of network crimes and help the new problems that the traditional helping criminals cannot solve into the scope of the regulatory scope of this crime.However,since the establishment of the crime of helping information network crime,the crime has been in great controversy.The nature of this crime proposed by the academic community belongs to the views of "sentencing rules" or "helping acts of active commitment",which does not meet the legislative background and purpose of this crime;The nature can solve the new problems that occur in the background of this crime in the background of the network alienation.As a "crime of pocket",it can better strictly strictly criminal law and make up for the vulnerabilities of the traditional criminal theory.The crime of helping the information network crime is a "charges for the bottom".According to the objective logic of first objective,then,the scope of the punishment should be limited to the help of the behavior,and whether the behavior has the occupation equivalent and the help of the behavior and the result is the standard of help in this crime.Essence "Interpretation of Criminal Cases and other criminal cases such as illegal use of information networks and helping information network criminal activities" stipulates specific judgment criteria for the objective composition of this crime,"serious plot" Limited applications on the problem,do not meet the "serious plot" help behavior is not available.The connotation of "knowing" is clearly known,and at the same time,you can also use the method of predecessor to determine the knowledge;in the case of traditional criminal help behavior,solve the problem of "knowing" identification in accordance with the theory of co-crimes;In the case of help,as long as the subject’s subjective "knowing" is determined,there is no need to pay attention to the subjective intention of the actor;It belongs to the situation of conspiracy,and the "marginal figures" require that it is subjectively to know that its behavior has a large extent to promote the implementation of criminal acts in other links.The object of "knowing" in the law is "crime of helping people".The crime here can only be restricted to interpretation as illegal acts that meet the constituent elements,not illegal acts.