The Analysis Of The Case Of Mr.You Helping Information Network Crime

There are some controversies focus on the case of Mr.You helps information network crime.:The first is how to define the behavior of Mr.You?Is it a joint crime of fraud?Or as a crime of helping information cyber crime;The second is that the court should choose which law applicable principle to convict sentencing.Is it the idea of concurring from a felony argument,or from the old and the lighter,or the new law better than the old law?Starting from the concepts and the crime constitutions of two charges,combined with related theories of joint crime,helping behavior crime to analysis:it is concluded that:According to the provisions of article 7 of the judicial interpretation of fraud,which came into force in 2011.Mr.You's behavior constitutes a crime of fraud.However,according to article 287 of the criminal law,the act of Mr.You constitutes the crime of helping information network crime.At this time,there is a conflict between the application of the new law and the application of the old law.Through the theory of article 287 of criminal law,the crime of helping information network crime is an independent charge recognized by the criminal law.Based on the theory of imagination,from the principle of the old and the light and the new law is better than the old law:In this case there is no room for imagination to compete from a felony.There is no imagination competition between the crime of fraud and the crime of helping information network crime;Whether it is the choice of the new law is better than the old law principle or from the old and the light principle,the law applies equally,it's just a little bit different in the logic of the law,but it doesn't conflict.It is that author's opinion that the principle of old and light weight should be given priority in the case of criminal cases.The provisions of the criminal law make it an independent crime to help the crime of information network crime,which is the embodiment of helping behavior.However,it is possible to increase the scope of punishment for helping behavior.Therefore,it is necessary to restrict it from both subjective and objective aspects.On the basis of analyzing Mr.You's help in information network crime and two similar cases,this paper introduces the existing problems in the legislation of helping information network crime.