Research On The Knotty Problems Of Crime Of Helping Information Cybercrimes

‘Criminal Law Amendment(9)' the establishment of a new crime to help the crime of information network crime,through the form of legislation to help the behavior of the network to enhance the criminal offenders for punishment,is a typical act to help the criminalization of the embodiment.The purpose of this crime is to regulate the behavior of cybercrime,to realize the maintenance of information network order and to ensure the safety of network operation.However,due to the crime just set up,the relevant laws and regulations and judicial interpretation is not yet perfect.Therefore,it is still necessary to investigate the crime of ‘information network',‘help the behavior',‘knowingly' content,degree,identify the main and objective factors and the crime of crime and crime and other difficult issues To be further clarified.In this paper,through four parts to help the crime of information cybercrime research.The first part mainly analyzes the concept of ‘information cybercrime',the meaning of ‘crime' and the type of ‘helping behavior' which are included in the objective aspect of this crime.In the second part,the subjective aspects of this crime are discussed.The content,degree,and identification method of this subjective element of ‘knowing' are mainly analyzed one by one.The third part studies the accomplice of the crime from the angle of the help and the instigator,and thinks that the indirect help and abetting assistance to the network crime should be regarded as the help and the instigator of this crime.The fourth part of the crime of this crime has been studied,and that at the same time constitute the crime and other crimes in accordance with the provisions of paragraph 3 of this article shall be punished in accordance with the provisions of heavier penalties.But in this crime and other crimes when the case of competing laws and regulations,it should be in accordance with the principle of co-ordination deal with the punishment.