Thinking About The Problems Related To The Crime Of Helping Information Network Criminal Activities

The introduction of this crime provide a basis for helping behaviors in internet crime management.Further broadened the punishment boundary of internet crime.This article will focus on the research and thinking of the problem in the identification of this crime.Propose a reasonable standard for the application of this crime.The legislative model of this crime is to help the conduct be criminalized.This crime protects the management order of the network society.The objective aspect of this crime,"objective imputation theory" should be introduced on the basis of "subjective theory".Define the causal relationship between helping behavior and endangering results."Severe circumstances" as a constituent element of the objective aspect of this crime.When determining,the legal interests protected by this crime should be embodied.Revert it to a violation of a specific person,property,etc.Determine if the situation is serious.The subject of this crime is a network technology service provider.On the subjective determination of this crime,the extent of knowing should include two cases of "certain knowledge" and "should know".The standard of "certain knowledge" is that the help behavior has a clear criminal tendency,which can be directly confirmed through the general certification model.The criterion of "should know" is that the presumed fact should be in line with the cognitive ability of ordinary people in relevant professional fields and can rule out reasonable doubt.In cases involving the crime of joint crime,the "substantial objective theory" should be used to define the identity and status of the perpetrator in the joint crime.The standard of determination ofthe completed crime should adopt the limited "purpose theory".In determining the form of the number of crimes,the provisions of the third paragraph of this criminal law are based on the fact that the perpetrator committed a criminal act and constituted two independent counts at the same time,and convicted according to the heavier punishment.In judicial practice,the two counts can be distinguished and defined by the facts,the type of crime,and the means of conduct.