Contribute To The Study Of The Judicial Application Of The Crime Of Information Network Criminal Activities

The first paragraph of Article 287-2 of the Ninth Amendment to the Criminal Law adds a new crime of aiding information network criminal activities,and together with the "two supreme courts and the first one" issued the "Opinions on Several Issues Concerning the Application of Law in the Handling of Telecommunications Network Fraud and Other Criminal Cases(Ⅰ)(2)",in order to legislate and initially build a legal system to solve the current typical representative online fraud crime cases and their upper and lower chains.The crime of helping information network criminal activities,as a related crime research of telecommunications network fraud crime,is of great significance,which is an indispensable part of the criminal ecological chain,has a unique role in the research of network fraud crime,and has unique value and significance in itself.This paper discusses in depth from several aspects,such as the social status and characteristics of the crime,the standards for conviction and sentencing,the content of subjective knowledge,the criminalization of accomplices,and the distinction and application of other crimes.The connection between this crime and the intention of the principal offender is relatively weak,the subordination relationship is not obvious,and the helping behavior conforms to the behavioral characteristics of "massive accumulation x low amount of harm".In view of the all-round interaction mode constructed by the network,its behavior breaks the traditional one-to-one or one-to-few interaction of crimes,and the profound changes in the efficiency and linkage of interactive behavior disintegrate the traditional relationship structure,so that the helping behavior is no longer attached to several perpetrators(principal offenders)themselves,although in each one-to-one unit structure,the intrusiveness of the network helping the offender is less than that of the main offender,but when a helper helps others multiple behaviors,the cumulative degree of infringement of the law and interests far exceeds the limited role of the offender in the independent structure.It is precisely because of the great harm to society that the behavior pattern of the predicate crime helper is separately concretely included in the criminal punishment sub-provisions,which reflects the logical idea of complicity and criminalization;the criteria for establishing this crime have also been gradually established and clarified through the Opinions on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Involving Telecommunications Network Fraud(Ⅰ)(Ⅱ).From the perspective of distinguishing this crime from other similar crimes,it is comprehensively determined from several aspects,such as the form and stage of the crime,subjective understanding,and mode of conduct.There is still considerable room for controversy and interpretation of this type of law,and there are still great differences in theory and practice on how to correctly understand the nature of this crime,how to accurately interpret the constituent elements of this crime,and to what extent this crime should be applied.Therefore,it is of practical significance to study the relationship between upstream and downstream crimes,the relationship between principal offenders and helpers,and the relationship between sentencing standards and balance.