On The Judicial Application Of The Crime Of Helping Information Network Crime

In recent years,with the continuous upgrading of information technology,cybercrime has become a new type of crime in the new Internet era,and has become increasingly fierce.According to Ali Yun’s "2020 typical network crime type analysis report ",the black network crime industry has basically appeared today,including a series of information technology criminal activities,such as illegal traffic cash,mobile phone card fee virtual lease,telecommunication extortion fraud direct crime and signal baseband location concealment.These criminal industries have penetrated into all aspects of social work and family life,and the scope of business involved in related industries has been expanding,Cybercrime is no longer a new synonym,and more cases in judicial practice need to be characterized,proved and adjudicated.Based on the purpose of maximizing the response to cybercrime and in order to set up operational directives for judicial practice,the Criminal Law Amendment(IX),promulgated and implemented in November 2015,adds a lot of new criminal law offences related to cybercrime.As we will study and think in this paper,the crime of helping information network crime or the type of crime is network help behavior.In the meantime,because of the special status and technical means of network technology,the main implementers of criminals must generally use the information technology and Internet software platform of others and even network service providers to carry out specific criminal acts and help them to help them Auxiliary behavior plays the role of auxiliary tool in it.In this regard,our views on whether cyber-help acts can cast aside dependency status in mainstream crime and become secondary criminal reservations.Accordingly,as a new crime of typical Internet crime,the crime of helping information network criminal activity must produce one kind or another applicable problem and standard definition in judicial practice.At present,the judicial interpretation we know has carried on the further explanation analysis to some difficult problems in the practice of helping the crime of information network crime,but we still need to carry on the concrete discussion,which helps to put forward the idea of both limitation and content.It provides little power in theory and even judicial practice.Besides the introduction,this paper is divided into four parts in the form of "total —— points ",which are as follows:In the first part,this part will select the recent situation of judicial practice and typical jurisprudence and related problems in judicial practice to help the crime of information network crime as the entry point of the article,through expounding a number of typical relevant cases,And in line with practical thinking,such as the following problems in the judicial application of the crime of helping information network crime: the concept of "knowing" defines the subjective cognizance that does not affect the judicial application,the criterion of "serious circumstances" does not clearly affect the objective determination of judicial application,the distinction and competing determination of this crime and other crimes do not clearly affect the normative treatment of judicial application.Accordingly,the following sections will address These three major issues are carefully combed and analyzed chapter by chapter.The second part mainly focuses on the analysis of the crime of helping information network crime,including the discussion of whether the nature of the crime is positive or not,the thinking of the subject scope and how to define the actual scope of the crime "help ",etc.The third part is divided into two sections.Chapter one mainly focuses on the subjective identification of the crime of helping information network crime —— the definition of "knowing" to carry out.By explaining the connotation and understanding of "knowing" in the theory of criminal law and judicial interpretation of our country,this paper analyzes that "knowing" should be a practical understanding of the objective elements of criminal conduct of the helped person rather than a strict standard of conviction and sentencing.Seek the stability of judicial practice standard.Chapter two,this part will focus on the objective identification of the crime of helping information network crime —— the identification criteria of "serious circumstances" are analyzed.Mainly targeting crime The harmfulness of the consequences caused by the behavior,the degree of helping the behavior to actually act on the crime and even the minor or serious circumstances of the principal crime are comprehensively considered.The aim is to promote the positive development of the judicial application of the crime in the determination of the circumstances,and then to realize the consensus between the criminal law circles and the judicial practice on the determination of the circumstances standard.The fourth part,As an extension of the knowledge of this crime,mainly focuses on the distinction between the crime of helping information network crime and other crimes,and the competition between the crime of helping information network crime and other crimes.On the one hand,it is helpful to clarify the boundary and difference between crime and non-crime,crime and other crime in judicial practice,on the other hand,it is also helpful to realize the ideal operation of "co-judgment" in judicial adjudication.