Help Information Cybercrime Crime Research

The Crime of Helping Cybercrime should base on the theory of joint crime to analyze the constitution of crime and study conviction and sentence.The identification of "Clearly Knowing" in this crime should avoid using the conception of "Should Know",it being reasonable to introduce the way of "Presumption and Refutation";The constitution of breaking the law in the "Helping behavior of this crime,not only requires technological helping behaviors and social hazard objectively,but also requires these being used byothers;"Others' Crime" in this crime should adopt the meaning at the term of breaking-law behavior,just demanding unlawful act and hurting legal benefits;The"Severe Circumstance" of this crime should consider the scale of social hazard and subjective malignancy comprehensively,and should make a different treat between neutral business behaviors and unneutral business behaviors;For the crimes happening before the new Penal Code,these should adopt the principle of "From the Old and Being Given Lighter" firstly,and adopt the principle of "Crime Adaption" secondly.