Help Information Cybercrime Activity Crime Research

The crime of providing aid for criminal activities in relation to information has attracted attention from the legislation to the introduction of Amendment of criminal law of the people's Republic of China(nine).As no judicial interpretation has yet been issued,there are some controversies regarding the crime's constitutional elements in the crime.The object of the sin is a complex object that protects a variety of legal interests.The main body of the sin is specialized personnel and units who have mastered Internet technology.The identification of subjective elements of “clearly know” is very difficult to prove.The judicial organs often presume “ clearly known”.Clearly know of “others” does not need to consider the responsibility of others.The range of clearly know includes not only crimes,but also illegal facts under certain circumstances.The information network help behavior must have the illegality,social harm,and substantial causation.The seriousness of the circumstances is based on the risk of creating unacceptable amount of risk,and it is considered in consideration of other aspects.Combined with case analysis,it distinguishes between the crime and the crime of refusing to perform the information network security management obligation,the cyber dissemination of pornographic materials for profit-making crimes,and the opening of cyber crimes in casinos.It is hoped that judicial practice in the future will accurately and clearly apply the crime.