Research On The Application Of Justice Of The Crime Of Helping Information Network Crime

The parid development of information network on the one hand has changed people’s life style,but also gave rise to the complex form of cyber crime.In order to better deal with cyber crimes and maintain cyber security,in August 2015,the standing committee of the National People’s Congress voted to adopt the criminal law amendment(ix),adding a series of new penalties for cyber crimes.(article 287 bis of the criminal law)the crime of helping information network crime is established to better manage the large number of network helping behaviors in the cyberspace.However,since the establishment of this crime has been questioned voice.Firstly,the legislative nature of this crime has been debated in the theoretical field.Moreover,from the perspective of judicial practice,the provisions of this crime are ambiguous,and the standard comparison principle of conviction and sentencing makes the judicial organ unable to accurately grasp the punishment scope of this crime.To ensure the accuracy of the law’s application,it was released on November 1,2019 Interpretation on several issues concerning the application of law in handling criminal cases such as illegal use of information networks and assisting criminal activities of information networks.The punishment standard of this crime is further clarified,which provides supplement for the accurate application of this crime.Papers from this crime theory dispute puzzle,neutral to behavior,constitutive requirements apply to sex,crime form,crime phenomenon in the five aspects,discusses the issue of this crime of judicial application.Paper based on typical case dispute focus and court introduces and analyzes the results of show that this crime judicial application.The practical community holds a cautious attitude towards the application of the crime of helping information network criminal activities.First of all,the legislative nature of this crime has been controversial and there is no unified point of view,the scope of subjective knowledge and the identification criteria are vague,the circumstances of the conviction of no clear standards and other issues directly restrict the application of this crime.Through the analysis of the legislative background of this crime and the meaning of independent incrimination,the nature of this crime should be the accomplice principal offense.The sentencing rule ignores the breakthrough of the network crime as a new crime to the traditional accomplice theory,and the network helping behavior becomes a punishable behavior which is not subordinate to the principal offender due to its social harm.Secondly,in terms of the constitution of the crime,the determination standard of "knowing" in the subjective aspect of this crime should be determined according to the punishment scope of this crime,excluding the application of "should know",and the expandedcognition of "crime" should be interpreted as illegal and criminal behavior in a general sense.The "serious circumstances" of conviction should not depend on the establishment of the principal offender and should be punishable independently.On the most controversial issue of neutral helping behavior,it can be seen from the analysis of legislative intention and judicial interpretation that the establishment of this crime will not expand the scope of punishment for neutral helping behavior.The legislative nature of the accomplice principal offense makes the establishment of this crime independent of the accomplice’s accomplishment.In the treatment of concurrence of crime,it is necessary to distinguish between the two cases of concurrence of imagination and concurrence of law,and to deal with the cases in different circumstances.