Research On The Judicial Application Of The Crime Of Assisting Information Network Criminal Activitie

In recent years,support for the reporting of criminal activities committed using information networks.In particular,the new judicial interpretation in 2019 and the "banning bank cards" action in 2020 have triggered a heated discussion in the field of criminal law.The increase in the number of criminal cases.In the first half of 2022,prosecutors prosecuted 64000 people for crimes committed in good faith.With the rapid increase in application from the perspective of the This paper discusses the competitive relationship between this crime and other crimes in order to regulate the judicial his crime are gradually exposed.fluid,flat.The first of modern information cyberspace as complex and multi-level,the number of cases of this crime,it is chapter mainly puts forward the characteristics proposed that in judicial practice,flat and society theory,adopts the method such as unclear criteria for determining of empirical analysis,and decentralized in the context of network of cases of this crime,it is proposed the general situation of judicial application from the perspective of the macro pattern and micro situation that in judicial practice,sorts out explores the rules for determining in the number of cases of this crime,it is proposed that in judicial practice,there are problems "knowledge",recent years.With the rapid increase d incorrect determination of the competition between 2 mainly explores the rules for determining "knowingly" in the typology of "knowing".It is his crime and other crimes.Crusting.It mainly explains the connotation,typology of "knowing".It is proposed that "knowingly" should include both conclusive and actual knowledge.procedure,identification method a The judicial interpretation’s enumeration of "knowing" circumstances should be regarded as inferences,be paid to a Therefore,in judicial application,consequentialism should be avoided,attention should be paid to a comprehensive examination of not presumptions.comprehensive examination of objective should circumstances be factual evidence,reasonable doubts a typological division of knowing should the e proposed as a way to judge the establishment of "knowing".Chapter 3 is an exploration of the objective evidence,act of helping this crime d into four aspects,between division,procedure,identification crime of helping this crime and the act c analysis off one-sided complicity neutrality and the act of helping among accomplices is expounded,the specific application helping i are divideand the IV etermination of several crimes,and t breaking through the principle of legality judicial typological analysis of the manifestations Chapter out,based on the theory o are proposed,crime,and carrying out a of paragraph3 of Article 287 bis.