| Since the addition of the crime of helping information network criminal activities,the discussion on this crime has never stopped,the study of the crime of helping information network criminal activities should first be based on its legislative background and value,in the context of the rapid development of the network era,the traditional crime has changed greatly,most notably from the network as a crime object,crime tools until as a crime space,network crime has shown an explosive growth of trend,and the social harm of helping behavior for cybercrime is also gradually enhanced.Because of the involvement of the network can not be treated as a traditional help in the common crime,it is stipulated in the criminal law as an independent crime is the requirements of the criminal policy of leniency and severity,filling the loopholes of legal sanctions.Secondly,an accurate understanding of the nature of the crime is the premise of the analysis of the elements,the nature of the crime is to help the act of positive criminalization.The subject of this crime can include network service providers.The object of this crime is the information network management order.The determination of "aggravating circumstances" should be based on the standards prescribed by law,and the social harm of the perpetrator himself and the object being helped should be examined.The specific connotation of "knowingly" should be exact knowledge and should know,"knowingly" the object of "crime" should be understood as the objective level of crime,that is,whether the ability to be responsible and the age of responsibility does not The crime is not affected by the determination of the crime.Finally,when the crime and related crimes are in competition,the relationship between the crime and related crimes should be determined strictly according to the criteria of differentiation between the two,and the situation should be determined before conviction and punishment according to the provisions of the sub-rule. |
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