Research On The Difficult Problems Of The Crime Of Helping Information Network Criminal Activities

In order to maintain the public order in cyberspace and effectively curb the increasingly serious cyber crimes,the Criminal Law Amendment(IX)added the crime of helping information cyber crimes.In recent years,the number of application of this crime presents an explosive growth,but also brings a lot of problems,to a certain extent,baffling judicial practice.In view of this,in order to better understand and apply the law,to crack down on crime,this paper will help information network crime crime existing difficult problems to carry out research.The first chapter will analyze the current situation of judicial application of this crime through the investigation of the number of cases,the sorting of defense opinions,and the sorting of the conjoint phenomenon of this crime and other crimes,and put forward the main problems at present,that is,the standard of "knowing" identification of this crime is not uniform,and it is difficult to distinguish from the boundary pattern of related crimes and neutral help behavior.The second chapter discusses the system status of this crime in depth.The qualitative orientation of this crime system is the theoretical basis for discussing the above problems.At present,there are three viewpoints: accomplice theory,principal theory and mixed theory.The author thinks that this crime is neither the sentencing rule nor the helping behavior of the criminalization,but a kind of "mixed imputation mode" between the accomplice and the principal.In the sense of independent charge,this crime has principal crime;Only by helping others "commit a crime" can the meaning of the crime be established.This crime also has complicity.The third chapter analyzes the practice of this crime.This crime can be divided into technical support behavior,advertising promotion help behavior and payment settlement help behavior.We should distinguish between this crime and other crimes(being offended by accomplices of helping crimes and by covering up and concealing crimes)by the way of helping,the object,the close degree of contact between the helper and the assisted,and the legal interests infringed.For the question of how to distinguish between the act of committing this crime and the act of helping net neutrality,the theory of interest measurement should be adopted.Chapter four discusses the further definition of the crime of "knowing".As for the content of knowing,how to understand the crime of others using information network to commit a crime,we should adopt the theory of accomplice independence.As for the degree of knowing,the establishment of this crime only requires the doer to have generalized intention.The types of knowing should include knowing exactly,should have known,and might have known,but not might have known.