Research On The Crime Of Helping The Information Network Criminal Activities

The Criminal Law Amendment(Ⅸ)has added the crime of helping information network criminal activities,which has attracted widespread attention since its establishment.In this paper,the constitution of the crime,legislative model,judicial determination,legislative perfection and other issues are discussed in depth.Based on the relevant provisions of the criminal law of our country,combined with judicial interpretation,the paper firstly expounds the subjective and objective elements such as the object of crime,knowledge and serious circumstances.In view of the current controversy about independently setting up the crime of helping the information network criminal activities,this paper introduces and analyzes the theory of regarding aiding act as principal offender and the theory of sentencing rules,the author puts forward his own view on the basis of full approval of the theory of sentencing rules.This paper also discusses the suspended state and the number of crimes of helping information network crime,including the conditions for the accomplished offense,attempted offense and discontinuance of the crime,and the concurrence of this crime and related crimes.Finally,combined with the above content,the author points out the existing problems in the legislation of this crime,and puts forward suggestions for improvement.