| Through the analysis of three typical cases,it can be seen that there are several problems in the judicial application of this crime.For example,the criteria for determining whether the perpetrator has subjective "knowledge" are unclear,and there is no clear criteria for determining the circumstances of the conviction of this crime.The dilemma in determining the type of "helping behavior" is manifested in the generalization of the types of determination of "helping behavior".The law adopts sweeping provisions to address the inherent lag of the law itself,but it also conflicts with the clarity of the law,It is easy to encounter unclear boundaries in determining whether the perpetrator constitutes a crime and what kind of crime it constitutes,as well as difficulties in handling cases where this crime coincides with other charges.In response to the above issues,it is necessary to clarify the criteria for determining "knowingness"in the judicial application of the crime of helping information network criminal activities.At the same time,when judging whether the perpetrator has knowingness in judicial practice,it is important to consider factors such as the number of acts,the nature of the act,and the cognitive ability of the perpetrator.Unify the criteria for determining the "serious circumstances" of the perpetrator,clarify the criminal circumstances of the perpetrator and the principal offender,and do not confuse the determination of the serious circumstances of this crime with the criminal circumstances of the principal offender.Ignoring the circumstances of the offender’s own crime.It is necessary to reasonably limit the scope of punishment for "helping behavior",clarify the type of "helping behavior",and handle neutral helping behavior with caution and investigate criminal responsibility.On the issue of concurrence with other crimes,it mainly distinguishes and correctly applies this crime from the crime of fraud and the crime of illegally using information networks. |
