The Application Of Crime Of Helping Information Cybercrime

The development of information network technology has changed the traditional.That means of communication between the perpetrator and the helper.Internet access,advertising and other network technologies seem harmless,but they become the key to the success of information network crime,the network crime to help behavior has serious social harm.The amendment to the criminal law of the People's Republic of China(IX),which came into force on November 1,2015,added the crime of helping information network criminal activities as article 287 bis of the criminal law.Released on October 25,2019,as of November 1 of the Supreme People's Court,the Supreme People's Procuratorate on handle the illegal use of information network,help information network criminal activities such as criminal cases to explain some issues of applicable law has been clear about the help information network crime the crime of "knowing" and "serious" standards.On the basis of criminal law and judicial interpretation,this paper clarifies the connotation of "crime",the scope of "knowing" and the detailed problems of the application of law.This paper is divided into four parts: the first part introduces the social harmfulness and the necessity of the crime.While the Internet facilitates people's work and life and cyber crime is also increasingly rampant.Cybercrime can not be separated from the support of network technology,the perpetrator and helper of crime through the network to blur the meaning of contact,or even in the absence of communication to complete the crime.Therefore,it is necessary to criminalize the behavior that helps the criminal activities of information network.Thus leads to the following,this crime in the law application of the study.The second part is to expound the "crime" in the objective aspect of the constitution of this crime.Firstly,it is affirmed that the nature of this crime is to help the behavior to become the principal offender.Secondly,through the comparison between the narrow sense and the broad sense of the word "crime",the author affirms that the "crime" in this crime is a crime that conforms to the constitutive elements and broad sense of lawlessness.The judicial interpretation clarifies the criterion for determining the "crime" in this crime,among which the special criterion of the second paragraph of article 12 is undoubtedly the affirmation of a broad understanding of the "crime".The third part analyzes the content,meaning and criterion of knowing,and discusses the subjective "knowing" of this crime.This crime is intentional crime,"knowing" that is to harm the outcome of the hope or intentional mentality.Firstly,based on the two-level system,the author analyzes the content of "knowing" from three aspects: behavior,behavior object and harmful result.The second is that "knowing" in this crime,as the cognitive factor of criminal intention,has two aspects: clear knowledge and presumptive knowledge.Clear knowledge refers to the fact that the actor accurately knows that others have used the information network to commit crimes,and presumed knowledge means that the actor can deduce the fact that others have used the information network to commit crimes through analysis.Thirdly,the author discusses the rule of determining the subjective "knowing" of the perpetrator of this crime from the criterion of ascertaining the explicit and presumptive knowledge.The fourth part analyzes the helping behavior of providing "payment and settlement" for others in this crime according to the typical cases of the crime of helping information network crime released by the Supreme Court.In the first case,the defendant's behavior belongs to the helping behavior of "payment and settlement" in this crime,while in the second case,the defendant's behavior is not the helping behavior of "payment and settlement" for cybercrime.