Research On Judicial Application Of Crime Of Helping Information Network Crime

The crime of helping the criminal activities of the Internet is the newly increase d offense of the Criminal Law Amendment(IX)of the People's Republic of China.The amendment was formally implemented for more than a year,In the specific judicial practice,It is very difficult to help the crime of information network crime.There are very few cases in the country to judge the crime of information network crime.Help the establishment of information crime of criminal activities is mainly to actively deal with the crime of cybercrime,the growing type of crime,Better protect the health of the Internet order.Although the provisions of the law have an active role,However,the law contains a considerable number of concepts of criminal law,but also to the criminal law theory and criminal justice practice has caused a lot of trouble.Especially in the specific judicial practice,it is often confusing and difficult to understand and apply this law.The Criminal Law Amendment(IX)of the People's Republic of China,which will help convict the activities of information network crime independently,has actively explored the loopholes in the criminal law that intercepts the regulation of cybercrime and provides the legal basis for handling cross-border cybercrime cases.The criminal justice coordination mechanism for crime is a useful addition.From the point of view of the unscrupulous elements of the crime of helping information cybercriminal activities,the help behavior of cybercrime crime has the basis of the penalty of legal interest infringement,and the core of objective imputation is the connection of the elements of behavior and the meaning of crime;From the perspective of the responsibility elements of crime of assisting information cybercriminal activities,the core of subjective imputation is "knowing," the content of "knowing knowingly" is that others use information networks to commit crimes,the cognizance of "knowing know" should include direct proof and judicial presumption,The understanding and application of the concept of criminal law is a key and difficult issue in assisting the criminal activities of information cybercrime injudicial practice.Helping to Information Crime of Cybercrime Crime crime,subjective intention,law and interests infringement and other different circumstances,the corresponding crime identification and sentencing rules are also very different.At the same time,subject to the "knowing" recognition difficulty of the core of subjective imputation,there is a big gap in helping criminal activities of information network when aiding quantitative misconduct of the target,assisting the unclear object in the determination of certainty,Criminal law blank,It is necessary to solve specific problems by means of judicial adjustment such as expansion of explanation and find a reliable way of judicial application for the purpose of realizing the criminal law and regulation for the crime of information network criminality.