Research On The Judicial Application Of The Crime Of Assisting Information Network Crime

In recent years,with the rapid development and widespread popularization of Internet technology,the network carries more and more social functions.Crimes in the traditional practical field gradually invade the social relations in the network space relying on information network technology.With the evolution and innovation of the ways and means of information network crime,the crime process is scattered,and most of the criminal behaviors are no longer completed by a single subject completely,but by the way of fine and fragmented division of labor,multi-link subjects each play their own roles to jointly achieve the integrity of criminal behaviors.Among them,the behavior of providing help for information network crimes shows a high incidence,plays an important role in promoting the realization of upstream crimes,and has an independent social harm in the fragmented criminal chain.In order to curb the rampant and rapid momentum of information cyber crimes,the Amendment to Criminal Law(IX),aiming at the characteristics of "incomplete" and "fragmented" division of labor in the current process of cyber crimes,adds the crime of assisting information cyber crimes,and independently appraising the crime of assisting information cyber crimes by breaking away from the traditional evaluation system of accomplices.And then effectively regulate and help information network criminal activities.However,with the promulgation of the judicial interpretation of this crime and the key promotion of criminal policy,the number of judicial application of this crime presents exponential explosive growth and gradually exposes a series of problems.Therefore,by looking for the problems existing in the judicial application of this crime,this paper analyzes the causes of the problems and proposes solutions.This paper is divided into five chapters.The first chapter mainly introduces the background and significance of the crime of assisting information network crime,the research status of this crime at home and abroad and the research methods of this paper.This crime was established in the social background of the high incidence of cyber crimes.In order to clarify the judicial application standards of this crime and further cut off the chain of cyber crimes,the supreme judicial organ issued a judicial interpretation of this crime,and at the same time carried out key crackdown actions in accordance with the criminal policy nationwide.Theoretical guidance practice--through the analysis of domestic and foreign criminal law theories and legal norms about this crime,further conception of the liability path in line with our traditional criminal law theory of the crime of help to enrich and improve the related criminal law theories of the crime of help to enrich and improve the judicial practice of the crime and the correct understanding and application of judicial practice to accurately combat the help behavior of network crime.And then build the network order of clean air.The second chapter mainly from the concept of the crime,the constitution of the crime,help information network criminal activities independent crime reasons and legal nature of the crime is summarized.Firstly,the basic concept of the crime is summarized according to the behavior pattern expressed in the article of the crime.Secondly,according to the traditional "four elements" theory of criminal law,the constitutive elements of this crime are analyzed theoretically.Thirdly,the paper analyzes the characteristics of help information network crime in practice and analyzes the reasons of independent crime based on the traditional theory of joint crime.Finally,the comprehensive analysis of various academic views on the legal nature of this crime,summed up the views of this article and made a reasonable analysis.Chapter three is to sort out the trend characteristics of the data reflected by the number of judicial cases on this crime and the promulgation of related criminal policies since the implementation of the crime through the method of empirical research.At the same time,select part of the sample cases for in-depth analysis,summed up the judicial application of the crime in the subjective "knowing",objective aspects of "serious circumstances",help behavior identification and distinguish between crimes existing problems.Based on the problems summarized in the previous chapter and combined with the relevant judicial cases of this crime,the fourth chapter analyzes that the above problems are caused by the lack of unified understanding of subjective "knowing",the lack of detailed and clear provisions of "serious circumstances" and the lack of clarity in the identification of neutral help behavior.The fifth chapter is mainly based on the problems and causes of problems existing in the judicial application of the crime of helping the letter,and put forward countermeasures: one is to clarify the identification standard of "knowing",the second is to standardize the identification of "serious circumstances",the third is to improve the interpretation of the help behavior,the fourth is the promulgation of guiding cases and guiding opinions to unify the dividing standard between crimes.