Reflection And Regulation On The Expanded Application Of The Crime Of Aiding Information Network Criminal Activities

In order to curb the increasingly rampant telecommunication network crimes,the legislator added the crime of assisting criminal activities in information networks in the Amendment(IX)to the Criminal Law of the People’s Republic of China.Obviously,the crime has played a remarkable role in combating telecommunication network crimes since its application,but at the same time,its expanding application in judicial practice has brought new challenges to the theoretical and practical circles.In recent years,the number of cases of helping criminal activities of information network has soared,and the application has shown an expansion,which includes justified expansion and unjustified expansion.The justified expansion of the crime of helping information network criminal activities is due to the increased crackdown on telecommunication network crimes by judicial authorities and the application of the plea system of leniency.The unjustified expansion of the crime is due to the unclear determination of subjective "knowledge" in the application of the crime and the confusion with other crimes such as fraud and concealment of criminal proceeds,thus leading to the unjustified expansion of the crime and the difficulty of applying Article 287 bis,paragraph 3 of the Criminal Law..Procedurally,the crime is usually accompanied by a high frequency of detention,and the low rate of non-prosecution of the crime,with most cases going to trial and bringing penal consequences to the perpetrators after the verdict,highlights the need to regulate its undue expansion.The crime of helping information network criminal activities in China’s criminal law provides for a statutory maximum sentence of three years’ imprisonment,and its expansion is also the embodiment of misdemeanor expansion,but due to the lack of perfect misdemeanor proceedings in China,resulting in the expansion of this crime takes up a lot of judicial resources,which is not conducive to social governance,which highlights the need to improve the misdemeanor proceedings in China.At the same time,The crime of helping information network criminal activities is a statutory offense,and its perpetrators are mostly students or part-time workers,who do not have a deep understanding of the evils of this crime,and the accompanying consequences of the penalties currently provided in China are too severe for such groups,which are instead detrimental to the return of the perpetrators of this crime to society.The purpose of the "broken cards" campaign is to combat telecom network fraud,but due to the expansion of the crime,the helper behavior of telecom network fraud has been severely cracked down by the relevant criminal policies,but this does not have much impact on telecom network fraud itself caused too much impact,making the criminal policy of telecommunication fraud deviated from the strike side.In summary,the phenomenon of improperly expanding the application of the crime is becoming increasingly apparent,and has become a difficult problem that needs to be solved.In order to curb the consequences of the unjustified expansion of the crime,measures should be taken to regulate it.Firstly,the crime should be correctly applied to reduce the undue expansion of this crime from the root;secondly,a systematic and holistic misdemeanor procedure should be constructed,the misdemeanor outlaw system should be improved,and criminal punishment and administrative punishment measures should be bridged;again,the restrictions on the crime should be reduced in terms of the content of the accompanying consequences of penalties,and the excessive impact of the crime on the perpetrators of the crime should be weakened;finally,the telecommunication network crime should be criminal policy to shift the focus of the fight back to the telecommunication network fraud,to achieve a balanced information network crime governance.The above four measures to regulate the expansion of the application of the crime,will curb the improper expansion of helping information network crime,but also to reduce the adverse effects of its expansion,so that the efficiency of combating telecommunications network fraud crime is improved,can be more accurate and powerful to combat and punish the telecommunications network fraud crime,to achieve better governance effect.