Research On The Rules Of Determining Causality Of Abuse Of Power Crime

With the development of information network technology,people’s life has been unprecedentedly convenient.At the same time,information network technology as a double-edged sword,there are also huge hidden dangers behind.The cyber crime with the information network technology as the medium is increasingly serious and has caused serious harm to the national network information security and citizens personal and property security.With the increasingly refined division of labor in cyber crime,helping behavior occupies a more and more important position in cyber crime,gradually showing independent legal infringement and social harm.In view of the phenomenon that the help behavior of cyber crimes is repeatedly prohibited,the Criminal Law Amendment(IX)has created a new crime of helping information cyber crimes,which adopts the way of criminal punishment to crack down on the help behavior,so as to curb the momentum of the high incidence of cyber crimes.At the beginning of the new crime,the theoretical dispute about the crime is endless.The controversy of theory leads to different standards in the application of charges by judicial judges.This article tries to construct the crime identification rules of help information network crime which adapt to Chinese judicial application from the perspective of judicial practice.The first chapter is the typical cases and legal analysis of the crime of helping information network crime.Through typical cases,this part leads to the defects of the crime of helping information network crime with unclear charge nature and vague legal provisions.The second chapter is to help the legislative background and specific functions of the crime of information network crime.This part firstly expounds that the joint crime in the network crime exceeds the traditional joint crime.Aiding in cyber crime has been independently evaluated in legislation;The three reasons of saving judicial cost and improving judicial efficiency are the legislative background of the crime of helping information network crime;Then from the aspect of crime constitution,the paper expounds the theoretical basis of the crime of assisting information network crime.The third chapter is to help the current situation of judicial application of crime of information network crime.This part explains the general situation of judicial application of crime of information network crime in the aspects of case quantity distribution,case regional distribution,case trial level and trial procedure since its establishment.Then the application of the crime of the number of judicial adjudication cases behind the rapid growth of the reasons for the deep analysis,the crime in the judicial application of the existence of "knowing" qualitative standard is not clear,"help object" and "help behavior" insufficient demonstration,"serious" identification of bias,high coincidence leads to difficult to distinguish the crime and his crime of four controversial issues.In the fourth chapter,in order to improve the countermeasures to help the judicial application of the crime of information network crime,the first is to unify the identification standard of "knowing",respectively from the standardization of the identification standard of "knowing" and the elaboration of the identification way of "knowing".Secondly,the criterion of "providing help to others" is expounded from the two aspects of "helping object" and "helping behavior".Again,it standardizes the identification of "serious circumstances" and puts forward two reference suggestions for identification methods.Finally,it is to accurately distinguish the applicable situation of this crime and other crimes,and analyze the applicable situation of the crime of helping information network crime and fraud,the crime of helping information network crime and the crime of covering up.