The Case Study Of Zhang Yuan And Tan Zhangyu Illegal Usage Of Information Network

The information network technology has promoted the development of economic and has facilitated social life.However,its characteristics,such as fast and mass dissemination,are also easy to be used by some criminals,making the network platform a place and tool for the implementation of illegal and criminal activities.In recent years,many crimes occur frequently—using information networks to organize drug abuse,prostitution and fraud and so on—which do great harm to the society.In order to crack down on such crimes effectively,the state has identified two new charges in the subsequent amendment(ix)to the criminal law—the Crime of Assisting Information Network criminal Activities and the Crime of illegally Using Information Network.However,in the subsequent study and trial practice,there are always difficulties in the theory and application of the newly added two crimes.For example,the boundary between the two crimes is not clear,and in practice it is not easy to distinguish from traditional crimes,and the scope of application is narrow etc.This paper take “the case of Zhang yuan,Tan zhangyu and other illegal use of information network” as the foundation to analyzes the difference and connection between the crime of illegal use of information network and the crime of helping information network in judicial practice and the problems existing in the conviction and penalty setting of the two crimes,cause to think and put forward my own suggestions to improve the above-mentioned difficulties.This paper is divided into three parts.The first part is the introduction of the case and the summary of the focus of the dispute—the distinction and conviction of crime of illegally using information network and crime of helping information network.The second part is to analyze the focus of the dispute based on the judgment of the court,then,discusses the problems in particular which is existing in the identification of crime and non-crime,this crime and the other crime and conviction of the two crimes.The third part is the problems found after combining the case and analyzing the dispute focus,then link with judicial practice and puts forward my own suggestions and corresponding countermeasures to solve the problemsrelated to this kind of cyber crime in real life.For example,in the identification of evidence to consider the characteristics of cybercrime,adjust measures to local conditions.In the judgment,the subjective and objective consistency of the defendant should be determined.At the same time,we should consider adding qualification punishment to the two crimes and improving the existing system framework of the two crimes.