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

The continuous innovation of information and network technology has led to the continuous evolution of new forms of network crime.The country has paid a lot of human and material resources to deal with the ever-changing network crime.At the same time,it has also formulated special laws and regulations,and added new charges such as the crime of helping information network criminal activities.It has been eight years since the crime of aiding trust was applied sporadically at the beginning of its establishment to the current case breaking.The active application of this crime in the judicial field cannot be separated from the promotion of judicial interpretation and national policies.However,we cannot take a one-sided view of this phenomenon,and should further consider the underlying reasons for this phenomenon.The crime of aiding the trust itself has been controversial before its establishment.After its establishment,the controversial issues have not reached an agreement and even led to problems such as inconsistent identification of key elements in the judicial application.Therefore,we need to pay more attention to the judicial application of this crime to ensure the accuracy and uniformity of the judicial application of this crime.Based on this urgent judicial situation,this paper uses the empirical analysis method to classify and summarize the cases that have been tried since the establishment of this crime to the end of 2022,to explore the problems that have not been found and have not been effectively solved in the judicial application of this crime,and to analyze and consider more reasonable solution strategies in combination with the theories that have been put forward by the academic predecessors and the experience of this crime in judicial practice.The first chapter of this article mainly introduces the basic theory of this crime and lays the groundwork for the following article,elaborates the social background of this crime and the practical dilemma of the urgent need to regulate the information network crime through legislation,highlighting the practical necessity of the establishment of this crime.This paper analyzes the overall development and change process after the addition of this crime,outlines the basic constituent elements of this crime,and fully demonstrates the legislative model of "criminalization of helping behavior" of this crime.The second chapter analyzes the reasons for the change of the number of cases in the judicial application of this crime through data statistics,empirical analysis and other methods,and conducts in-depth research on the application of "knowingly","helping behavior" and "serious circumstances" of this crime in the selected cases,the sentencing situation,the determination of the form of accomplice,and the determination of the competing situation.On the basis of empirical analysis,the third chapter digs out the problems still to be solved in the process of judicial application of this crime.There are theoretical disputes about the determination of "knowing" from beginning to end.In practice,the method of "presuming knowing" is used to solve the subjective determination of this crime.However,there are still ambiguities in Article 11 of the Judicial Interpretation and most cases still blur the determination criteria;There are disputes on the determination of neutral help behavior,and it is not reasonable to include all acts of friendly help in the determination of "card breaking action" or "help behavior" of this crime;The rationality of some of the provisions in Article 12 of the Judicial Interpretation needs to be discussed.It is obviously unfair to evaluate the actor based on the criminal consequences of the aided person,and there are still loopholes in the identification and interpretation of "serious circumstances";In judicial practice,the boundary between the principal and accessory of this crime is not clear,and how to identify the helper and abettor still needs to be discussed.The fourth chapter puts forward specific suggestions for the problems listed in the third chapter.Strengthen the argument of "knowing" in the judicial documents,and continue to improve the detailed provisions of Article 11,paragraph 1,of the Judicial Interpretation;Refine the classification of "helping behavior",and comprehensively judge the neutral helping behavior and the friendly helping behavior in the "card breaking action" by combining various factors;We should pay attention to the identification of the actor’s own behavior,improve the specific criteria of "illegal income" in the identification of "serious circumstances",and distinguish and delimit the criteria for different subjects and different types of help behavior;Introduce the joint principal offender into the standard of determining the principal and subordinate offenders of this crime,deny the necessity of determining the helper and abettor,and prevent excessive imputation,so as to ensure the preciseness of the judicial trial.