Research On The Judicial Identification Of Crimes Of Assisting Information Network Criminal Activitie

The crime of helping information network criminal activities in the virtual space landscape is not as accurate as the original intention of the legislator when setting up the crime to crack down on the network crimes in its category.The reason is to help the judicial determination of information network crime.In the face of such a situation,because the theoretical circle has not formed a relatively complete identification system,the judicial organs in practice in the competition and cooperation type of liability model generalization,the alienation of the judgment of similar cases is serious,ultimately leading to the crime can not get high-quality "living space".In this paper,four typical cases in judicial decisions are selected to reflect the controversy of the crime of helping information network crimes in judicial practice from different angles,and three focal issues are summarized: "The phenomenon of dissimilation of similar cases is serious","the generalization of the liability model of concurrence and cooperation",and "the standard of the crime amount of ’serious circumstances’ is different".Based on the above problems,the legal theory is summarized,and the inspection and reflection on doctrinology and judicial practice are conducted from three aspects,namely,the nature positioning of information network criminal activities,the "knowing" boundary of the perpetrator and the "serious circumstances" crime standard,so as to provide theoretical support for the determination of this crime.Taking the legal basis of sorting as the intellectual support,this paper gives countermeasures and suggestions to the judicial determination of the crime of helping information network criminal activities from three angles.Firstly,in the objective level,this crime is distinguished from other downstream crimes by the stage of upstream crime when the effect of the crime of information network criminal activity occurs.In addition,under the guidance of the concept of "increased risk",the paper compares the degree of increased risk of helping behavior and solves the problem of the lack of objective class discrimination of this crime.Secondly,in the subjective level,the meaning and degree of the elements of "knowing" are defined,and the consideration of "consciousness of participation" is put forward,so as to provide a feasible solution for the dispute of the subjective level of information network crime.Third,in terms of the amount of crime,we should strengthen the single standard,introduce the comprehensive standard,and realize the comprehensive standard of "serious circumstances" under the guidance of the concept of "adding the amount to construct the crime".Finally,the standardization of the constituent elements of the crime of information network crime can be realized,which provides a proper path for the accurate determination of the crime in judicial practice.