Research On The Application Of The Crime Of Helping Information Network Criminal Activities

In recent years,with the rapid development of information network technology,cyber crimes using information network technology as a means have shown a high incidence,which seriously endangers my country’s network information security and the personal and property safety of citizens.With the refinement of the division of labor in cybercrime,helping behaviors are prevalent in cybercrime and play an important role in cybercrime.Helping behaviors in cybercrime gradually show independent social harm and legal benefit.The Criminal Law Amendment(IX)adds the crime of assisting cybercriminal activities in information,in an attempt to curb the development momentum of cybercrime by effectively regulating acts of assistance in cybercrime.With the independent criminalization of helping behaviors in cybercrime,the crime of helping information cybercrime activities has increased year by year,and it has shown an explosive growth in the past two years.However,in judicial practice,there are many problems in the application of the crime of helping information network criminal activities,and the standards for determining and grasping the subjective "knowing","criminal" and "serious circumstances" in the law are different,which not only affects the unification of the law The application also affects the handling effect of the case.This article first starts with the basic overview,legislative nature and constituent elements of the crime of helping information network criminal activities,and briefly introduces that under the background of rampant cybercrime and a detailed division of labor,my country’s criminal law incorporates the act of helping in cybercrime into the criminal law.Under the influence of the theory of criminalization of behavior,the crime of helping information network criminal activities is widely used in judicial practice.Secondly,based on judicial practice,this paper comprehensively sorts out and analyzes the status quo of judicial application of crimes of helping information network crimes in recent years.A detailed analysis of the crime cases of helping information network criminal activities heard by courts at two levels in a city,first summarizing the situation of such cases from a macro perspective,and then focusing on the criminal facts and convictions of the crimes of helping information network criminal activities in the judgment documents Sentencing is analyzed,and the judgments on subjective "knowing","others commit crimes","helping" behaviors,and "serious circumstances" are summarized and sorted out.Then,by sorting out the judgment documents of the courts at the two levels of a city in H province on the crime of helping information network criminal activities,analyze the problems existing in the trial of such cases,due to the unclear legal provisions and the situation of severely cracking down on cyber crimes Influenced by policies and other aspects,in practice,there are problems such as too low standards for subjective "knowing" identification,insufficient demonstration of "criminal crimes committed by others",unclear definition of "helping" behavior,and deviations in the identification of "serious circumstances",which lead to information network crimes of assistance.The scope of application of activity crime has a tendency to expand continuously.Finally,in view of the problems in the judicial application of the crime of helping information network crimes,from the reasonable definition of the judgment standard of "knowing",strengthening the verification of "others use information network crimes to commit crimes",improving the interpretation of "helping" behavior,To standardize the determination of "serious circumstances" and other aspects,put forward suggestions to better achieve the legislative purpose of combating cybercrime.