Research On Judicial Application Of Crime Of Assisting Information Network Activies

The development of network technology drives the formation of network society,and the role of network in crime from the object of crime to the tool of crime has entered the stage of network space,becoming a new crime field.In response to this new situation,the Criminal Law Amendment(IX)added three new charges of cybercrime,including the crime of helping information cybercrime.Along with the action of "cutting off the card",help information network criminal activity crime number "blowout",exposing the uncertainty and even expansion of the scope of punishment.Therefore,this study focuses on the practical perspective,combined with relevant cases for analysis and discussion,in order to help the information network crime of judicial limitation.This paper is divided into five parts.Part 1: Introduction.This paper introduces the background and significance of the research,research methods and innovation points of the paper.Part 2: the differentiate and analyse of the legislative nature of this crime,to lay a theoretical foundation for the subsequent argumentation.Based on the new requirements for criminal regulation put forward by the "change" of cybercrime,combined with the intention of legislation,this paper further proves that this crime belongs to the principal offender,and strictly excludes indirect helping behavior as the aiding offender of this crime.Part 3: the current situation and specific problems of judicial application of this crime.The promulgation of the "Interpretation" in 2019,accompanied by the "cutting off the card" action in 2020,the judicial authorities based on the need for cheap,coupled with the "pocketing" gene of this crime,led to the soaring number of the accusation,and the phenomenon of "excessive crackdown".In addition,combined with the case of judicial practice,summed up the crime in the judicial application of the problems.And in the fourth and fifth part of the analysis and demonstration.Part 4: Judicial determination of this crime.Based on the existing theories,this paper makes a critical analysis of the controversy on the scope of net neutrality helping behavior.It holds that the compromise theory based on objective should be maintained to define the penalty boundary of this crime in a typed way,in response to the suspicion that this crime may lead to the expansion of the penalty scope of net neutrality helping behavior.The controversy on the connotation of "knowing" as an element of "subjective constitution",combined with some cases,holds that it should be limited to "know exactly",but can be combined with objective evidence,objective behavior and so on for criminal presumption.On the "crime" scope dispute of this crime,combined with the characteristics of information network crime,according to the legislative purpose,the method of system interpretation and the modesty of criminal law,advocates limited to criminal behavior and although not to the degree of crime,but for the provisions of the criminal law.In view of the generalized situation of serious circumstances,we should strictly grasp the identification standard of "serious circumstances" and accurately grasp the crime elements of the amount of money and the number of credit cards.To solve the problem of "excessive crackdown" on some behaviors that are less harmful to society due to the relatively simple sentencing grade of this crime,we can use the connection of administrative law enforcement and criminal justice to solve the problem.We can build the connection mechanism in the field of information cybercrime,establish the information sharing platform for cases,and improve the administrative punishment measures to help illegal behaviors of information cybercrime.The establishment of a service punishment mechanism within the industry is expected to strengthen the help of the source of information cybercrime governance,to achieve a gradient attack.Part 5: The boundary between this crime and other crimes.In the form of cases,the disputes between this crime and the crime of concealing the income of crime,the crime of income of crime,the crime of accomplice of fraud and the crime of illegal use of information network are shown.Starting from the main and objective constituent elements and the common behavior characteristics in judicial practice,the distinction is made.Finally,in the conclusion part of the article is summarized.