Research On Judicial Determination Of Crime Of Helping Information Network Crime

In recent years,with the increasing development and popularization of information network technology,the crime of helping information network criminal activities has become a phenomenon of great concern in the field of criminal governance.As a new crime,the crime of helping information network criminal has been characterized by a high number of cases and a wide area involved in the case in recent years.According to the case handling data released on the website of the Supreme Prosecutor,64000 the crime of helping information network criminal activities will be prosecuted in the first half of 2022 alone.At present,the crime of helping information network criminal activities has become the third most prosecuted crime among all kinds of criminal crimes.The dramatic increase in the number of cases reflects the significance and urgency of the criminal governance of this crime.By combing the existing judicial precedents of this crime,with the help of empirical analysis and other methods,this paper summarizes the more prominent practical problems in the judicial practice of this crime.The judicial practice of this crime is faced with three thorny and prominent problems: unclear subjective and clear identification criteria,vague identification criteria for serious circumstances,and the relationship with related crimes.Based on the constitutive elements of this crime and the current situation of judicial application,this paper attempts to analyze and provide solutions to the difficult problems facing the judicial reality one by one.In a word,first of all,in the face of the problem that the subjective cognizance standard of this crime is not clear,we can improve the cognizance standard of "knowing" by taking the view of inclusion,clarifying the scope of application of "knowing" presumption,and improving the rigor of presumption procedure;Secondly,in the face of the problem that the determination standard of serious circumstances of this crime is vague,we can update the determination standard of "serious circumstances" through timely supplement of judicial interpretation and introduction of guiding cases;Finally,in the face of the problem that the relationship between this crime and the related charges needs to be clarified,we can differentiate and analyze the competing charges from multiple angles by defining the criteria for the division of each charge based on the principle of criminal law.This paper hopes to analyze the current situation and problems of judicial application of this crime,analyze the existing difficult problems of judicial application and try to provide solutions,so as to further promote the accurate judicial application of this crime,provide legal protection for punishing this crime according to law,and effectively promote the traceability of telecommunications network crimes.