Judicial Determination Of The Crime Of Assisting Information Network Criminal Activitie

In response to the high incidence of cybercrime,the Ninth Amendment to the Criminal Law of the People’s Republic of China adds the crime of aiding information network criminal activities.This crime has caused great controversy in judicial application,and the focus of the controversy mainly focuses on: first,how to understand the meaning of "knowing" and how to interpret the "crime" in the content of knowing it;Second,the type of help behavior insists on "limited interpretation" or "extended explanation";Third,how to judge the specific standard of "serious circumstances";Fourth,how to distinguish between this crime and the crime of concealing and concealing the proceeds of crime,and the proceeds of crime.There are many theoretical views in the academic circles on the above-mentioned controversial issues,and in practice,there are also phenomena of different judgments in the same case.Through the combing of practical cases and theoretical views,the determination of "knowing" of this crime should adhere to the model of "presumption of knowledge + refutation",and abandon the concept of should know;The "crime" in the content of "knowingly" should meet the objective constituent elements of the crime.The types of "acts of assistance" are limited to the three types of acts stipulated in judicial interpretations,and cannot be arbitrarily expanded.The determination of "serious circumstances" adheres to a limited position to avoid it becoming a "pocket crime".The distinction between this crime and the crime of concealing or concealing the proceeds of crime or the proceeds of crime shall be based on whether the predicate crime has been completed or not.