The Criminal Law Evaluation Of The First Case Of Help To Unseal The WeChat

After "the first case of helping WeChat to be unsealed in China" came out,the court decided that Gao and Zhang constituted the crime of helping information network criminal activities and sentenced them to prison,which caused a discussion in the academic circle where there was already controversy on this charge.Scholars put forward their own views on the case from the standpoint of neutral helping behavior and criminalization of helping behavior,and there are four controversial points as follows:Whether there is a close causal relationship between the behavior of helping to unseal and the subsequent actions,whether the behavior of helping to unseal violates the expected possibility of ordinary people in the society,and whether it is correct and reasonable to identify the behavior of helping to unseal with the crime of helping information network crime.As for the determination of whether the act of unsealing creates a danger that is not allowed by the law,the main consideration is whether the act of unsealing with the help of the unsealing doer directly promotes the smooth implementation of the downstream fraud and provides substantial help for the downstream crime,so as to make the infringement of the downstream criminal legal interests quickly realized.To determine whether there is a close causal relationship between the act of helping to unseal the seal and the subsequent act of implementing it,the scarcity of help provided by the helper is taken as the reference factor to judge whether the act of helping is a crime,that is to say,the possibility of the act of helping being replaced is taken into consideration.As for the determination of whether the act of helping to unseal the seal violates the expected possibility of ordinary people in the society,it is often necessary to stand on the position of ordinary people afterwards and examine the whole causality process in combination with the execution behavior of the principal offender,so as to make an objective judgment on whether the act of helping enhances or promotes the realization of risks not allowed by the law.To see whether it has made a great contribution to the cause and realization of the result of the criminal infringement or the threat of legal interest,that is to say,to examine and judge whether it is urgent and important to realize the result of the criminal infringement of legal interest with the help of the helper.As for whether it is correct and reasonable to apply the crime of helping information network crime to help unblock behavior,there are certain controversies on the application of this crime,whether it is for the "Kuaibo case" a few years ago,or "the first case of helping WeChat unblock in China" at this time.Therefore,whether the crime of helping information network crime is established and how to stipulate its applicable scope depends not only on whether the network service provider provides technical support and help specifically for others to commit crimes,but also on whether it deeply participates in others’ criminal activities.In this era of increasingly developed network,the development of grey industrial chain may become more and more prevalent,and it is necessary to further strengthen management,improve the relevant laws,and make it more targeted to solve cybercrimes.