Nature And Application Of Helping Information Network Crime

The People`s Republic of China Criminal Law Amendment(IX)(hereinafter referred to as " Criminal Law Amendment IX ")newly added the crime of helping information cybercrime activities,and the helping behaviors in the cybercrime are defined as crimes separately,which was treated as accomplice before,become a focus of controversy."Helping behavior" refers to the behavior that helps the whole joint crime in the theory of criminal law.According to the traditional theory of criminal law,the behavior that directly threatens the legal interests that protected by criminal law is the practice.The help behavior must rely on the practice to realize the purpose to threaten the legal interests,so the basis of punishment for helper is punishing offender who committed the crime directly.However,in the current moments of change,especially the advancement of network technology,using the traditional criminal law to regulate crimes in the information network era faces many difficulties.In order to deal with this problem,legislation and justice began to try to break through the subordination of accomplice,that is,the punishment of accomplice is not completely based on the implementation of the principal offender,"the principal offender of helping behavior".Starting from the separate criminalization of “helping behavior”,this paper adopts the method literature research to sort out the behavior attributes of the helping information network and indicate the viewpoint of this paper.At the same time,it tries to answer relevant judicial identification question by summarizing and refining.In terms of content,based on the detailed analysis of the crime of helping information network crime,this paper conclude and analyzes the relevant problems existing in judicial practice after the qualitative behavior,and puts forward targeted Suggestions for improvement.The paper is divided into four parts: first is the introduction,which elaborates on the background of the topic,introduces the research focus,methods,ideas of the topic,and carefully sorts out the literature review.The second part helps to the define the crime of the information network crime.The new article enumerates the problems such as whether the act of helping to become a crime independently breaks through the subordination of accomplice insisted by the traditional criminal law theory.The third part helps the judicial application and reflection of the crime of information network crime,summarizes the outstanding problems in the judicial practice,and carries on the reflection.Finally,aiming at the problems reflected in the settled cases,tries to the put forward feasible countermeasures.