Research On The Determination Of The Crime Of Illegal Use Of Information Network

Under the background of the rapid development of the network,the social life of human beings has been inextricably linked with the network.But the network brings convenience to life at the same time,it also brings bad influence.For example,committing crimes through the network has caused more serious harm than the traditional criminal means.Therefore,under the criminal concept of "hitting early and hitting small",the crime of illegal use of information network(hereinafter referred to as this crime)is one of the additional charges in the Amendment to Criminal Law(IX).Since this crime was added,there have been a lot of debates in judicial practice on issues such as "breaking the law","releasing information" and "serious circumstances".After the adoption and implementation of the Judicial Interpretation in November 2019,further analysis is needed on what problems remain in practice and how to solve them.Therefore,this paper chooses judicial cases and judgments as the research material,combines judicial interpretation and guiding cases,and puts forward the identification method around the difficulty of application,in order to be beneficial to the correct application of this crime.This paper mainly through four aspects of this crime to identify the problem of discussion,the first,to this crime "illegal crime" scope to identify.Through two cases,this paper puts forward the problem that the scope of "illegal crime" stipulated in this crime is not clear.After the promulgation of judicial interpretation,although there is some guidance,there is still the problem of unclear application.After analyzing that this crime is the essence of the essential preparatory crime,the scope of the illegal crime should be determined to be limited to "criminal violation and illegal behavior with the nature of dangerous infringement of major public interests" in combination with the principle of adapting crime to punishment and responsibility.Second,for the identification of the accomplice of this crime,through two similar cases,this paper puts forward whether there is an accomplice in this crime and whether there is an overlap with the criminal behavior of the crime of helping information network criminal activities.After analysis,"for the crime" should not include others,and there are abettors and helpers in this crime.Third,the identification of the form of cessation of this crime.Through searching the judicial judgment,we did not find the application of the stopping form of this crime,and put forward the problems of whether the stopping form exists in this crime,whether the stopping form can be punished and the vague identification of "embarking".Finally,we put forward that the preparation of this crime is not punishable and the identification method of "embarking".Fourth,the number of the crime of this crime.By putting forward three have comparative case,this crime exists in the crime number recognition phenomenon,absorption,involvement,and crimes of applied problems,finally put forward on the premise of "for committing a crime",when the illegal use of information constitutes another crime at the same time,is established according to the provisions of the third paragraph of this crime imagine competition,made from a felony punishment.When the downstream behavior constitutes a crime,it is established to absorb a criminal from a heavy punishment.