Research On Judicial Application Of Crime Of Helping Information Network Crime

The crime of helping information network criminal activities was added through the Ninth Amendment of Criminal Law,which is a response to the phenomenon of "internet plus crime" and a typical example of the influence of risk criminal law theory on China’s criminal law.This crime was once put on the shelf because the constitutive elements of this crime were not complete at the initial stage of addition.In recent years,with the advancement of various crime crackdown campaigns and the gradual clarification of the constitutive requirements of this crime.This crime has become a hot crime in judicial application in recent years.However,in the process of judicial determination,there are still some judicial application problems,such as inconsistent standards of admission,inconsistent identification of charges,incorrect application of sentencing circumstances and so on.The reasons for these problems are not only the complexity of cyber crime chain itself,but also related to the different identification of the nature of this crime,the continuation of the differences between the original academic disputes and the specific practices in judicial practice.In the judicial cognizance of this crime,on the one hand,we should adhere to the independent attribute of this crime,and take this attribute as the cognizance basis for understanding the "serious circumstances" and "knowing others to use information network to commit criminal activities" defined by relevant judicial interpretations.On the other hand,we should strictly implement the criminal policy of combining leniency with severity,avoid the one-sided strict and severe approach,increase the non-prosecution rate and probation rate of this crime for the criminals who engage in auxiliary acts,and focus on the organizers and active participants of this crime.Under the background of vigorously cracking down on telecommunication network fraud crime,a large number of cases have this crime and the crime of illegally using information network;Accomplice of fraud;Concealing the sins of crimes;Distinction between crimes of impairing credit card management,etc.In such cases,we should flexibly apply the rules of imaginative joinder,legal joinder,combined punishment for several crimes and so on.When dealing with the property involved in related cases,we should pay attention to the situation of being cheated for illegal purposes,and respond to the criminal law when the victim’s behavior meets the crime preparation standard.