Criminal Law Evaluation Of Payment Settlement Type Help Information Network Crime

In the criminal law evaluation of the payment and settlement type help information network criminal activity,there is a controversial issue of evaluating the behavior as the crime of helping information network crime,covering up and concealing crime and the joint crime of the upstream crime.The criminal law evaluation of the payment and settlement type help behavior mainly includes two evaluation elements: the content of the "payment and settlement" behavior and the content and extent of the knowing.First of all,for the content of "payment and settlement" behavior,it is necessary to clarify that "payment and settlement" is the behavior of monetary payment and capital clearing in economic and financial activities,and the behavior of providing payment and settlement assistance for information network crime includes the use of personal accounts and the establishment of payment and settlement channels.The dispute over the content of "payment and settlement" in the criminal law is reflected in how to evaluate the behavior of providing accounts with payment and settlement functions and helping to transfer funds.Unlike in the financial field,when evaluating the behavior of "payment and settlement" in the criminal law,the behavior of providing accounts with payment and settlement functions and helping to transfer funds should be considered together.The flow of funds should include the whole process of the inflow and outflow of fund.Both of the above acts should fall within the scope of "payment and settlement" acts.Therefore,whether there is a transfer of funds should not be taken as the criterion for the criminal evaluation of "payment and settlement" acts.Secondly,for the content of the actor’s knowing,because the difference of the content of the actor’s knowing will affect the criminal law evaluation of his behavior,it is necessary to clarify whether the content of the actor’s knowledge meets the requirements of the knowing of each crime.The knowing of the perpetrator of the crime of helping the information network crime does not need to reach the degree of constituting a crime specified in the criminal law.the perpetrator of the crime of covering and concealing the crime needs to know that the object of payment and settlement is the crime income and its income.When judging the subjective content of the joint crime of the upstream crime,the one-sided accomplice theory should be recognized.As long as the payment and settlement actor knows the specific criminal act of the upstream crime,it can be identified as joint crime.Thirdly,for the extent of knowing of the actor,in the identification of the entity of knowledge,it is clear that "knowing" must be "clearly knowing",excluding the possibility of knowing and should know.At the same time,"knowing" should include general knowing.In the process of knowing,it is necessary to comprehensively consider the facts and evidence of the case to accurately apply the presumption of knowing.Finally,for the criminal law evaluation path of the payment and settlement type help information network criminal activity,it is clear that the payment and settlement type help behavior is evaluated as the conditions of helping the information network crime,covering up and concealing the crime and the joint crime,and it is clear that the content of the payment and settlement behavior and the content and extent of knowing in each crime.