Research On The Application Of Crime Of Illegal Use Of Information Network

The invention of the network is the most dynamic thing in the history of human civilization,and since its appearance in people's vision,it has been uncontrollable and burst out with infinite vitality and vitality.Cyberspace has changed from the original "virtual" to today's "reality",from the simple "communication medium" to a rich "platform carrier",in such a change,people live in a society and the network of the world intertwined more closely and subtly,the two can be described as integrated,complementary.However,the rapid development of the network has also brought about a growing problem of cybercrime,the network of traditional crime has intensified into a major "trend" of crime development,in the desire to retreat in this wave must be familiar with the characteristics of this type of crime,and effective sanctions.It is against this background that the Criminal Law Amendment(ix)comes into being,and the crime of illegally using information network is of positive significance for punishing and preventing cybercrime.However,the theoretical research on the crime of illegal use of information network in China is still in the exploratory stage,and no relevant judicial interpretation has been put in place.And in practice,this crime in the crime,this crime and the crime,the penalty question and so on are controversial,it is based on this,the author combined with the illegal use of information network crime This new charge of thinking,that is,through the writing of such an article in order to the illegal use of information network crime of the judicial application of some benefits.In order to analyze the above problems well,this paper makes the following chapter arrangement.The introduction mainly introduces the significance of adding information network crime in the Criminal Law Amendment(ix),which contains many legal concepts in the crime law of illegal use of information network,brings a lot of difficulties to the application of law in judicial practice,and leads to the author's intention of writing this article,that is,focusing on the analysis and demonstration of judicial practice and making perfect suggestions.In addition to the introduction and introduction of this article mainly through three chapters for analysis and demonstration.The first chapter analyzes the background,theoretical basis and significance of the crime of illegally using information network.This paper demonstrates the background of this crime from the inevitable choice of adapting to the increasingly severe situation of cyber crime and the need for domestic legislation of the cyber crime Convention.The author analyzes the theoretical basis of its incrimination from the perspectives of the preponderance of legal interest protection and the implementation of preparatory acts.The second chapter analyzes the constitutive requirements of the crime of illegal use of information network,analyzes the constitutive requirements of the crime and the elements of responsibility,and analyzes the objective acts listed in the law one by one.The meaning of " illegal crime",the definition of website communication group,the identification of illegal crime information,the understanding of " relevant",the application of " serious circumstances" and the definition of knowing are all analyzed and demonstrated.The third chapter mainly from the three judicial practice cases,put forward the illegal use of information network crime in the construction of crime,constitute this crime or another crime and sentencing issues and other aspects of thinking.At the same time,the crime of illegally using information network is distinguished from other related crimes,such as fraud and aiding information network crimes.Finally,combined with judicial practice,the author puts forward relevant suggestions to improve judicial interpretation.The author puts forward some perfect suggestions such as clearly explaining the behavior and serious circumstances of this crime,and reasonably identifying the subjective purpose and the principal and accessory of this crime.