The Identification Of Helping Crime Of Information Network Crime

At present,the network is undergoing rapid development.It brings convenience to our lives and brings a series of challenges.In recent years,cybercrime cases have occurred frequently,which has had a certain impact on the healthy development of the social economy.Because of the characteristics of cybercrime,it also presents many different characteristics compared with traditional crimes.These different characteristics have brought certain challenges to the detection of crime.It is against this background that the Criminal Law Amendment(IX)was introduced.In order to cope with frequent cybercrime,the crackdown on cybercrime has been intensified,and the crime of helping information cybercrime has been added.Once this crime was introduced,it led to discussions in the criminal law community.In order to correctly understand and apply the crime of helping information cybercrime in order to better regulate cybercrime activities,this paper discusses the identification of the crime of information network criminal activities.The full text of a total of 46,000 words,this article is mainly divided into three parts:The first part is about the theoretical premise analysis of the crime of helping information cybercrime.It mainly includes two aspects: First,it analyzes and sorts out the controversy of the nature of the crime.By comparing the advantages and disadvantages of helping the offenders and the rules of sentencing,the authors conclude that the criminal nature of this crime is to help the offender commit crimes.Secondly,it explains the legislative value of this crime,which is mainly reflected in the implementation of the principle of adapting crimes and punishments.It is in line with the general theory of prevention of criminal law,the application of the "traditional accomplice theory",and the better implementation of the criminal policy of "tempering justice with each other".The second part is about the analysis of the crime composition of the crime of helping information cybercrime.It mainly proceeds from four aspects: the object of crime,the objective aspect of crime,the subject of crime and subjective aspects.Through the analysis of the criminal object,the object of this crime is the normal network management order and the personal and property rights of the unspecified person.;through the analysis of the objective aspects,first of all,the objective composition of this crime is clearly defined.The meaning of "crime" should be understood as a crime in the sense of criminal behavior and explain the reason.Secondly,it analyzes the types of specific help behaviors of the objective aspects of this crime and explains their respective meanings.Again,the meaning of the seriousness of the plot is defined,and it is considered that this crime is not a punishment for all network neutral help behaviors,which can be restricted by serious plots.Finally,combined with relevant judicial interpretations and doctrines,the criteria for serious plots are defined.Through the analysis of the subject of crimes,it is considered that the crime subjects can be divided into three categories: network access service providers,network content providers,and The network platform service provider combines the nature of the network services provided by the three types of subjects,and proposes that the criminal subject of this crime is the network access service provider and the platform service provider who has strong control over its own platform;finally,the subjective aspect elements are known."To conduct an analysis,first of all,the meaning of "knowing" includes knowing and presumptively knowing.Secondly,the object of "knowing" is a crime in the sense of criminal behavior,and does not need to recognize specific crimes.Thirdly,the well-known objects must also have relative certainty,and analyze the known misunderstandings.Finally,the specific criteria for judging the presumption of knowing are defined.The third part is mainly about the analysis of the criminal form of helping information cybercrime.This includes analysis and argumentation on the issue of accomplices,the number of crimes,and the pattern of cessation of crime.Through the analysis of the accomplice of this crime,first of all,the conditions for the establishment of this crime to help the criminals are clarified,including the act of having to implement the help,the double intention,the result of the help behavior and the act of the offense have a causal relationship;secondly,the crime is considered In the application,the perpetrator who provides indirect help for cybercrime can be punished according to the help,that is,the helper who established this crime;once again,the conditions for the establishment of the offender are clarified,including the behavior of teaching,and the teaching Intentional;Finally,it is analyzed that before the founding of this crime,the act of helping the instigator should be punished according to the help of the principal.After the establishment of this crime,the act of instigating the instigation should be punished according to the instigation of this crime.The analysis of the number of crimes is mainly through the understanding and application of the third paragraph of Article 287 of the Criminal Law.First of all,for the provisions of paragraph 3 of this crime,the premise is the same behavior,and it is considered that there is no other restrictions;"At the same time constitute other crimes" includes not only the circumstances that constitute the other criminal offenses,but also the circumstances that constitute the other criminal helpers,and discuss them in different situations.Finally,the conduct of the first crime in this crime is also carried out.Analysis and proposed specific identification methods.By analyzing the cessation pattern of this crime,first of all,it is considered that the crime of this crime refers to the situation where the actor knows that others use the network to commit crimes,and still provides technical assistance such as network access and serious circumstances.Secondly,this crime is considered There is no attempted crime,and the crime immediately reaches the shackles;again,the suspension form of the crime is analyzed,including the suspension situation in the preparation and the suspension of the implementation stage;finally,the establishment and help of the criminal cessation pattern of this crime is considered.There is no necessary connection between the establishment of a criminal cessation form of cybercrime.