An Empirical Study On The Crime Of Aiding Information Network Criminal Activities

Under the background of international intelligent informatization,with the industrialization of cybercrime,especially the gradual development and maturity of telecom network fraud,a large number of technical assistance behaviors have been derived,and their development trend is characterized by specialization and industrialization.Most cybercrimes can be achieved by relying on the support of information technology or assistance such as payment settlement.These techniques or aiding behaviors are a catalyst for the development of new types of cybercrime.In order to further combat information network crimes and cut off the supporting resources for network crimes,Article 29 of the 2015 Amendment(IX)to the Criminal Law adds the crime of aiding information network criminal activities(hereinafter referred to as this crime),which criminalizes the act of aiding information network crimes.This paper uses the Xiaobao Gong AI intelligent platform to research and analyze the criminal verdict of "the crime of assisting information network criminal activities" retrieved online in China’s judgment documents,and based on empirical research,objectively analyzes several problems existing in China’s judicial practice and puts forward relevant optimization suggestions.There are five chapters in the full text.The first chapter is an introduction.It mainly summarizes the background and significance of thesis research,the current status of research at home and abroad,the research methods and innovations of the article.The second chapter is an overview of the offence.It mainly introduces and evaluates the relevant nature of this crime,the composition of the crime,and other basic information,so that people can initially understand this crime.The third chapter Chapter III is an analysis of the current situation of judicial application of this crime in China.The Xiaobao Gong AI intelligent platform was used to retrieve the criminal jurisprudence on the Chinese Judgment Documents Online on the website,and finally 2706 samples were selected for analysis.Mainly from the defendant’s basic situation,type of conduct,geographical distribution,criminal compulsory measures taken,trial procedures,typical cases,etc.,sort out and summarize the current judicial application of this crime in China.The fourth chapter points out the problems in the judicial application of this crime through analysis.It mainly discusses the difficult issues in the judicial application of this crime,mainly including: first,the development trend of this crime as a "pocket" crime;second,the understanding and identification of "knowingly" is vague;Third,the application of "serious circumstances" is unclear;Fourth,the issue of competition between this crime and related crimes.The fifth chapter is to put forward suggestions for optimizing the judicial application of this crime at this stage in view of the above problems.First,it is necessary to grasp the criminal policy of "leniency and strictness" and avoid the abuse of crimes.Second,it is necessary to further refine the standard of "knowledge",first determining that "knowing" includes definite knowledge and presumptive "should know",and secondly,in the presumption "should know",clarify the presumption rules and make appropriate presumptions.Third,it is necessary to reasonably consider the standard of "serious circumstances",realize the unity of subjectivity and objectivity,link it with the implementation of the overall case,and comprehensively measure all factors to make judgments.Fourth,it is necessary to further clarify the boundary between this crime and other crimes,mainly to clarify the boundary between this crime and the crime of concealing and concealing the proceeds of crime,as well as the boundary between this crime and the crime of fraud,and clarify the boundary to achieve the purpose of accurately applying the crime in the future.At present,this crime has become a high-frequency crime,and it will be applied regularly for a long time to come.This article focuses on judicial practice,discusses and analyzes the current situation of judicial application of this crime from point to point,and clarifies the existing difficult problems in judicial practice,so as to achieve the correct and unified judicial application of this crime.