The Crime Of Aiding Information Network Criminal Activities Research On The Application Of Justice

The rapid development of information network technology not only provides convenience for social life,but also becomes a tool for criminals to commit crimes,crime is becoming more and more informationized,intelligent and digital,not only new types of network crimes emerge one after another,traditional crimes also show a trend of networking,crime governance is facing new problems and challenges.Compared with traditional crimes,a significant feature of cybercrime is that the number of criminal links is increasing,and the division of crime is becoming more and more detailed,with the help of information networks,criminals in different regions and even different countries can participate in the same cybercrime,which brings great challenges to the investigation and collection of evidence and the arrest of criminal suspects.In order to effectively solve the difficulties in the governance of cybercrime,China’s legislators added the crime of aiding information network criminal activities in the "Ninth Amendment to the Criminal Law",setting up an independent statutory penalty for the act of knowingly providing assistance to others in carrying out information network crimes,which to a certain extent responds to the governance needs of network crimes.However,due to the fact that the establishment of the crime of aiding information network criminal activities is not only at odds with the common crime theory that occupies a common position in China,but also has a certain degree of ambiguity in its constituent elements,coupled with the request of the highest judicial organ to increase the impact on the crackdown on the crime of "two cards"(telephone card and bank card),the number of cases of this crime has increased sharply in recent years,and even showed a trend of "pocketization".In view of this,it is necessary to discuss the general ideas and specific measures for improving the judicial application of this crime on the basis of clarifying the constituent elements of the crime of helping information network criminal activities,and taking the judicial application of this crime in recent years as the target,so as to provide theoretical guidance for the governance of cybercrime in China.In addition to the introduction and conclusion,the full text is divided into three parts:The first part is an overview of the crime of aiding information network criminal activities,mainly discussing the criminal composition and judicial application of the crime of aiding information network criminal activities.Through the analysis of the composition of the crime,the focus of prominent problems in the legislative intent and judicial application of this crime can be better analyzed.Then,through the search of judgments in similar cases,the current situation and characteristics of the judicial application of this crime are explained.From the perspective of the number of cases,the cases concluded by grassroots courts across the country have shown a "blowout" growth trend,and there is no perfect legislative guidance for the expansion and application of this crime,so an analysis of the current legislative status of this crime is launched.The second part analyzes the problems and causes in judicial application based on case analysis,and further analyzes the main problems in judicial application.For example,the act of helping is not clear,the neutral act of helping is convicted and sentenced,the standard of "serious circumstances" is not uniform and not specific,and the external boundary is not clear.The main reason for these problems is that there has been a disagreement in the theoretical circles on the nature of the crime of aiding information network criminal activities,and the main theories are the theory of sentencing rules and the theory of the criminalization of aiding behavior.The theoretical controversy failed to form a unified view,resulting in differences in the understanding and application of this crime in judicial practice,and a trend of expanding the application.At the same time,the lack of legislation and the impact of criminal policies have also led to prominent contradictions in the judicial application of this crime.The third part analyzes the problems in judicial application and proposes a path for improvement in judicial application,restricts judicial organs from expanding interpretations and evaluations in response to subjective "knowing",prompts case-handling organs to use facts as the basis for handling cases,strengthens the collection of evidence on the factual part,and further clarifies and refines the determination of subjective intentionality.Raise the unreasonableness of judicial interpretations related to "serious circumstances" and the need to clarify and refine the "serious circumstances" standard.Advocate a strict distinction between this sin and other sins.Combined with the legislative intent of this crime,return to the independence of this crime and unify the sentencing standards.Make this crime more objective and accurate in judicial application.