Study On The Judicial Application Of The Crime Of Aiding Criminal Activities In Information Networks

The crime of aiding criminal activities on information networks is a new crime in China under Amendment(IX)to the Criminal Law of the People’s Republic of China.It has been several years since the promulgation of this law,and there have been 315 cases of criminal adjudication on the Chinese Judicial Documents website,of which less than a hundred have been found guilty of assisting criminal activities on information networks,while the majority of other cases have been found by judges to be fraud or other crimes.This article is divided into five chapters,mainly by sorting out the cases in judicial practice and relevant academic theories,analyzing 81 criminal adjudication documents as a whole,and exploring the reasons for the difficulties in determining this crime in judicial practice and the boundaries between this crime and other related crimes.Based on the cases,the specific criteria for deciding between crimes and non-crimes,and between this crime and the other crime are clarified,so as to provide corresponding guidelines for judicial practice.The theoretical study of the offence of aiding criminal activities on information networks is of vital importance in optimising the structural system of cybercrime,while strengthening the clarity of the criteria for the division of criminal responsibility is conducive to further promoting the improvement of China’s cybercrime legislation.Strengthening the theoretical analysis of this crime will enable China’s relevant legislation to keep pace with the development of the Internet and create an environment more suitable for the development of new Internet-related industries.Chapter 1,Introduction,focuses on the research background,theoretical significance and practical significance of the chosen topic of this paper,the study of the judicial application of the crime of helping information network criminal activities.At the same time,this part also provides a detailed overview of the legislation and judicial practice of this offence both in and out of the country,in order to provide a solid documentary basis for this study.Chapter 2 provides an overall discussion of the concept,legislative purpose and composition of the offence of facilitating criminal activities on information networks.Through the elaboration of these three aspects as a whole,a preliminary understanding of this crime is provided.Chapter 3 provides an explanation and commentary on the current situation of the application of this offence in judicial practice in China.It covers the current situation of the judicial application of the offence of facilitating criminal activities on information networks,the problems in the judicial application of this offence,and discusses the current trends and problems in the application of this offence from two aspects.In particular,the analysis of data from a sample of 81 criminal adjudication instruments raises the problems in the application of the offence,such as the cautious application in practice,the unremarkable application effect and the controversial conviction and sentencing of cybercrime facilitation.In Chapter 4,the reasons for the problematic application of the offence of aiding criminal activities on information networks are analysed.In Chapter 4,two dimensions are explored from the legislative level and the judicial practice level,combining adjudication documents and theoretical research results,mainly analyzing the reasons for the unclear legislative positioning provisions of the offence,the identification of competing legal provisions,and the inconsistent subjective cognition of judicial concepts.In Chapter 5,on the basis of the above-mentioned research,the problems in the application of the offence of facilitating criminal activities on information networks in China’s judicial practice are addressed,and corresponding countermeasures are proposed.This includes improving the application of this crime through legislation and promoting the application of this crime in judicial practice.This article reiterates that the normalisation of the application of the offence of assisting criminal activities on information networks in judicial practice is a new trend in today’s development,which is conducive to further promoting the improvement of China’s legislation on the punishment of cybercrime.The empirical and theoretical analysis of the offence is strengthened so that China’s relevant legislation can keep pace with the development of the Internet and create an environment more suitable for the development of new Internet-related industries.Therefore,the application of the offence must be focused on this purpose.