Research On Several Issues Of The Crime Of Assisting Information Network Criminal Activitie

Since its establishment,the crime of aiding information network criminal activities has been highly concerned by both theoretical and practical circles.After the judicial interpretation of this crime was released by the "two highs" in 2019,the guidance and meeting minutes related to this crime were successively issued.Although the identification and application standards of this crime were refined,there were still many difficult problems in practice.Starting from the legal interests protected by this crime,the article opposes the viewpoint that supports the protection of personal legal interests by this crime,and advocates that this crime protects the public legal interests of network security management order.In response to the debate in the academic community about the nature of this crime,the article points out the shortcomings of the sentencing rule theory and the criminalization of aiding behavior,and advocates that this crime belongs to the independent criminalization of aiding behavior.When solving the problem of difficulty in determining "knowing" in this crime,the article advocates that "knowing may" is more in line with the relatively vague subjective understanding of the perpetrator of this crime,and also more in line with the legislative purpose of this crime.Subsequently,the article analyzes and interprets the "crime" in "using information networks to commit crimes",pointing out the reasons why the strict interpretation theory and the illegal behavior theory cannot be applied to this crime,and supporting the expanded interpretation theory that the target of this crime needs to constitute an unspecified network crime,which is more in line with the legislative purpose of this crime.When analyzing the current severity criteria for the circumstances of this crime,the article summarizes the model for determining the severity of the circumstances that result in serious consequences,questions the use of "illegal gains" as the severity criteria for determining the circumstances,and explains the method for accumulating the amount and quantity of this crime.The following article discusses the distinction between this crime and the accomplice of assisted cybercrime,as well as the offense of concealing or concealing the crime.At the end of the article,suggestions are made on the knowledge,seriousness,and sentencing of this crime.