Research On Typical Problems Of Judicial Application Of Crime Of Helping Information Network Criminal Activities

The great controversy in the theoretical circle has been caused for the setting of the crime to effectively crack down on information Cybercrime,especially the crime of telecommunications network fraud,cut off the claws of overseas information network criminal groups extending to China,protect the personal and property safety of the people,and help the determination of the crime of information Cybercrime.What’s more,the controversial various theories on this crime never end,and the evaluation of this crime is also different.Supporters hold the opinion that this crime is a typical case of legislation and crackdown,since its positive role has been played in cracking down on information Cybercrimes,especially telecom network fraud.However,opponents hold the opinion that this crime is the representative of the trend of expanding punishment,so it has some deviations from the basic principle of modesty of criminal law.In terms of the expanded crackdown on helping behavior,a series of chain reactions will be certainly caused,so the normal business behavior in the information network era will be affected.In practice,it is found that the crime has experienced from cold field to hot field,from scratches at the beginning of its establishment,to that fact that the crime has become the fourth crime prosecuted by procuratorial organs in the country at recent time under the guidance of national policies.Due to the sudden popularity of practice,the constant disputes over the basic theory and the imperfect supporting judicial interpretation,many problems of the establishment of the crime exist in practice,such as different conviction standards,different sentencing decisions and so on.Thus,the empirical samples are taken as an example to firstly On the premise of clarifying the legislative purpose and conceptual connotation of this crime,taking the judicial practice samples of this crime as a reference,this paper attempts to solve all kinds of confusion and doubts encountered in the judicial application of this crime.Empirical sample analysis is a powerful method to analyze and solve problems.Starting from the legislative background and legislative purpose of the crime of helping information network criminal activities,this paper outlines the crime of helping information network criminal activities,and clarifies the nature of the crime.Based on the judicial application samples of this crime in public security organs,procuratorial organs and judicial organs,the typical problems faced by this crime in judicial application are analyzed.Subjective knowing is the key element to convict and extricate the crime.The author believes that subjective knowing can only be clearly known and should know,but it is impossible to know.The content of subjective knowledge only needs to be a vague concept of crime,and does not need to be a specific type of crime.At the same time,the author innovatively puts forward a new idea of identifying subjective knowing by objective behavior.This crime is a typical crime with serious circumstances,and serious circumstances are a necessary element of the crime.The current legal norms cannot cover the scope of serious circumstances.This article further refines the criteria for determining serious circumstances to prevent substantial judicial injustice caused by arbitrary convictions.