To Help Research On The Judicial Application Of Crimes Of Information Cybercriminals

In the past,the traditional theory of accomplice can only identify the helping behavior on the basis of carrying out the behavior.In the face of the complex network crime situation in the current society,it has become somewhat weak.In order to combat crime more effectively,the Criminal Law Amendment(9)of the People's Republic of China added the crime of helping information network crime.Crime of aiding information network criminal activities is a new offence added to the Amendment to the Criminal Law(9).Many legal workers do not have a thorough understanding of the crime,which leads to some problems in the practical judicial application of the crime.For example,in judicial application,the cognizance of "knowing" is ambiguous,and the definition of neutral helping behavior is not clear,and the correct choice of the crime and other crimes is both.Can not accurately grasp.This paper analyses the conflict between theory and practice,and advocates that the"knowing" required in the crime of helping information network criminal activities includes"knowing" and "presumptive knowing".As long as the actor who implements the helping behavior realizes subjectively that the specific object he helps is a certain criminal act and gives it convenient assistance on network technology,he has violated criminal law and can advance it.On the basis of criminal punishment,the perpetrator is not required to know exactly the specific circumstances of the crime he is helping.When judging whether the provider of network technology constitutes "know-it-all",we should use objective facts and evidence to assist and judge.As for the neutral helping act,because of its unique daily and professional nature,when determining whether it belongs to the helping act of the crime,it should be strictly limited according to the actual situation.In practice,it is necessary to analyze whether the assistance provided by the network technology provider exceeds the normal business content,whether the technology is used to commit a crime or not,and whether the provider has the obligation to review the users of the technology.The article also discusses some special problems in the judicial application of the crime of aiding information network crime.To help the accomplished conviction of information network crime requires both subjective and objective aspects of the perpetrator to meet the requirements of the constitution of the crime.The situation of attempted conviction can be analyzed from two aspects:providing network technology help itself can not enable the helped to complete the crime,and the helper fails to use the network help provided.The crime of aiding information network crime has its own helpers and abettors.The helpers who establish the crime need to carry out helpful acts with the intention of helping.They must ask for help acts to promote the emergence of the principal offender.To establish the instigator of the crime,the instigator should have a clear understanding of his own behavior and its possible consequences in his subjective consciousness.After the help behavior is criminalized,the act of providing network technology services may also constitute the help behavior of the crime committed by the helper.In dealing with such cases,we should choose the appropriate charges.Moreover,if the perpetrator simultaneously commits the crime of helping information network criminal activities and other crimes,he should be strictly punished according to the law.