Study On Judicial Application Of The Crime Of Helping Network Criminal Activities

The Internet is a double-edged sword.On the one hand,it breaks the barriers of time and space to make the world interconnected,bringing unprecedented convenient experience to people;On the other hand,the Internet has also become a key factor in the rampant cybercrime,which poses a serious threat to people’s daily lives.Since cybercrime assistance is a necessary condition for the successful completion of cybercrime,combating cybercrime helping behavior has become a breakthrough in curbing cybercrime.Cybercrime presents the characteristics of concealment and cross-regionality,resulting in the gradual weakening of the subjective and objective connection between the help behavior of cybercrime and the criminal act being helped,and the main means used to regulate the help behavior,that is,the accomplice path,has become difficult to effectively deal with,and the crime of helping network criminal activities has been established.Since the establishment of this crime,the academic community has widely paid attention to the continuous theoretical controversy about the nature of the crime,and there are many difficult problems to be solved at the level of judicial application.The body of this article consists of the following four parts:The first part is an overview of the legislation on the crime of helping network criminal activities.Firstly,the legislative origin of this crime is analyzed from the practical and theoretical levels,which is mainly manifested as the new characteristics of cybercrime helping behavior different from traditional criminal aiding behavior and the inability of traditional accomplice theory to regulate.Secondly,the legislative overview and relevant judicial interpretations of this crime are briefly introduced to comprehensively and accurately understand the relevant legal provisions of this crime.Finally,the legislative value of this crime is affirmed,and the theoretical controversy caused by the establishment of this crime is summarized.The second part is the current situation and existing problems in the judicial application of the crime of helping network criminal activities.Firstly,the overall status quo and specific status of the judicial application of this crime are summarized through empirical research methods,and the macro and micro patterns of the judicial application of this crime are described.Secondly,the problems existing in the judicial application of this crime are summarized and refined through the case study method,involving the distinction and competition between the constituent elements of "knowing","guilty" and "serious circumstances" and the charges.Finally,reflecting on the reasons for the emergence of the above problems,it is pointed out that clarifying the theoretical dispute of the nature of this crime is the premise for solving difficult problems in judicial application,and in addition,we should also rationally view the tendency of "pocketing" this crime.The third part is the theoretical positioning of the crime of helping network criminal activities.Firstly,summarize the position and viewpoint of the relevant theories of the theory of this crime,and clarify the differences between the theories;Secondly,taking the focus of controversy between various theories as the starting point,it focuses on analyzing the position choice of accomplice’s subordination and accomplice’s independence,as well as the transformation from the perspective of accomplice theory to legal benefit theory.Finally,the idea of a modified dualism in the legislative nature of the offence is presented and argued.The fourth part is the interpretation of the compliance of the crime of helping network criminal activities.This part focuses on the problems existing in the judicial application of this crime,and sorts out the theoretical views and judicial interpretation provisions of the application standards of each constituent element of this crime one by one.For the subjective constituent element of "knowing",this paper supports the view of "did know+has reason to know",and the application of the presumption rule should be strictly grasped in terms of determination;For the objective constituent elements,that is,the conduct of the object of assistance reaches the level of "crime",this paper supports the principle of wrongful acts,and the recognition of the compliance of the constituent elements as an exception,and does not require that it be a crime in the strict sense;For the objective constituent elements of "serious circumstances",it is necessary to accurately grasp the relevant standards stipulated in the judicial interpretation,and avoid double counting of the transferred funds in and out in the determination of the payment settlement amount;In terms of the competition between this crime and other crimes,first grasp the criteria for the division of each crime,focusing on the subjective elements of each crime and the time when the perpetrator participates in the crime.On this basis,the problem of competition and cooperation can be correctly handled,and the punishment rules of heavy punishment can be followed when competing and cooperating.