Helping Information Network Crime

At present,human society is undergoing the third scientific and technological revolution since the agricultural revolution and the industrial revolution.Among them,the most influential to the general public is the Internet information technology developed on the basis of electronic computers.It has helped people in information for decades.In the interactive process,a large span of space was achieved.However,the development of things always has two sides.The development of Internet information technology brings convenience to our lives.At the same time,it also injects new “doping” into traditional crimes and constantly changes the behavior and physical structure of traditional crimes.It even became a new type of crime.It is against the background of this era that China has added the crime of helping cyber criminal activities in the "Criminal Law Amendment(9)" and has stepped up the crackdown on the help of cybercrime.The addition of this crime responds to a certain extent.The expectation of society in preventing and controlling cybercrime chaos helps guide the development of the Internet industry and helps citizens and even the society to effectively cope with the impact of the Internet.However,good social effects are based on the good application of this crime.As a new crime,there are still many problems in the judicial application process that have yet to be clarified.In this regard,this article is intend-ed to complete the combing of the crime of helping information cybercrime through three parts.The first part is the legal interpretation of this crime.It is divided into two parts:the legislative motivation and the theoretical premise of judicial application.First of all,it analyzes the nature of cybercrime helping behavior in the new era,clarifies its promotion and surpassing of social harmfulness,and the transformation of traditional subordinate status has evolved into a social harmful type of sexual behavior.Therefore,The possibility of regulating the scope.Furthermore,under the traditional crime evaluation system,especially in our criminal legislation,there is no direct recognition of one-sided accomplice.Not only is there any doubt about whether the theoretical breakthrough of some judicial interpretations is reasonable,but also the scope of application is limited to the judicial interpretation In the face of this crime,it is inevitable to form a punishment loophole in the face of this brand new new social harmful act.Therefore,it is also necessary to include it in the scope of the criminal law.As a result,the clear motivation for its legislation undoubtedly laid a solid foundation and direction for the crime in the process of judicial application.Finally,it is necessary to make sure that this crime should be properly and strictly controlled in the process of judicial application on the basis of the cautious attitude that neutral act of help can not be fully punished and the guilt of the guilty conscientious.The second part is about the ontology interpretation of this crime.First,the subjective aspect of the constitution of crime will be clearly identified according to the function of the help behavior provided,the different functions,that is,the close relationship and the degree of control with the final information and data,Standard,and then on the objective level,the specific content of "crime" and the "serious" identified the standard to be analyzed to avoid excessive penetration of the Internet industry.The third part is the interpretation of the normative system of this crime.After the addition of this crime,it should still be based on the evaluation model of the traditional theory of complicity and should be evaluated on the basis of the theory of common crime.When the punishment is heavier,priority should be given to it and then the application of this crime should be supplemented.Finally,Information network security management obligations as the network platform to strengthen the special responsibility.In this way,the judicial application of the crime of helping information cybercriminal activities will be effectively coordinated with the existing criminal law system.