Research On Judicial Application Of Crime Of Helping Information Network Crime

With the advent of the Internet era,information network technology has begun to attract people's attention.Information network technology has brought convenience to our lives,such as more convenient shopping,more convenient transportation,and the improvement of information network technology.It also facilitates cybercrime,and the Internet platform has become a new platform for crimes.In order to cope with the challenge of information network technology to criminal law and punish the increasingly harmful cybercrime help behavior of the society,the Criminal Law Amendment(IX)added the crime of helping information network criminal activities.However,because the provisions of the criminal law are too general for the crime,many concepts are not clearly defined,and it is easy to cause uncertainty or even increase the scope of punishment in judicial practice.This article is divided into four parts: The first part selects two representative cases by searching for “crime of helping information cybercrime” on the Chinese referee documents,through the overview of the case and the focus of the case.Summarize,so as to more clearly from which aspects to study the judicial application of the crime of helping information cybercrime.The second part is an overview of the legislative background,nature and constituent elements of the crime of helping information cybercrime.About the nature of this crime There are two different views in the theoretical circle of our country: the theory of positive offense and the rule of sentencing.This paper argues that the offense is in line with the current legislative trend.The third part analyzes the objective aspects of the crime of helping information cybercrime,mainly analyzes the sin restriction of neutral help behavior,the attribution standard of network help behavior and the serious determination of the plot,and analyzes the objective requirements of the case in combination with the recognition criteria..The fourth part identifies the subjective aspect of the crime of helping cybercrime,clarifies the connotation of this crime,and understands the object of "crime" as a crime in the sense of criminal behavior,and uses judicial presumption to solve the problem of knowing it in judicial practice.The problem,combined with the relevant theory to analyze the subjective elements of this case,so as to better identify the "knowing" in the crime of helping information cybercrime in judicial practice.