The Current Situation And Restriction Of Judicial Expansion In The Crime Of Assisting Information Network Crime

Recently,with the development of information technology and the internet’s popularity,cybercrime has become increasingly frequent.With the help of informational technology,cyber-crimes refine the division of criminal activities,structure themselves in an industrial form and feed up numerous helping behaviour which creates even more harmful influence than these cyber-crimes.All these behaviours endanger the network information security and the safety of citizens personal property,which reflects their infringement of legal interests and social interests.In order to handle this problem,the Amendment(IX)to the Criminal Law of the People’s Republic of China added a new crime: “Helping Informational Network Criminal Activities”.This crime tries to curb the development of cyber crimes by directly regulating the helping behaviours of these crimes.In the beginning,due to the lack of clarity on the application rules,courts tended to discreetly applicate this crime.As a result,few cases were actually sentenced under this crime.However,after the release of the Judicial Interpretation of Cybercrime,the number of these crimes exploded in recent two years.Under this trend,many problems emerged in the field of the application of this crime,including the understanding of "Acknowledge",“Crime”,“Seriousness of circumstances” and the distinction between upstream crimes,downstream crimes and other cybercrimes.All these problems not only influence the uniform application of the law,but also cause the crime itself improperly expanded.Therefore,based on the legislative purpose of helping informational network criminal activities crime,this thesis analyzes the expansion of this crime in practice and the problems it brings,and explores the reasonable space of this crime from a doctrinal perspective.The first chapter of this thesis firstly introduces the legislative background of the helping information network criminal activities crime,and then takes the empirical analysis as a grip to introduce the overall application of the legal term nationwide.It first summarizes the situation of such cases from a macroscopic perspective,and then selects 300 cases after the publication of the judicial interpretation as a sample for detailed analysis.By summarizing the judgment documents and the criminal facts &convictions and sentences of these cases,this chapter aims to help conclude how.“Acknowledge”,“Crime”,“Seriousness of circumstances” and the distinction between upstream crimes,downstream crimes and other cybercrimes are understood in judicial practice.Subsequently.In Chapter 2,this thesis summarizes the types of the crime of assisting criminal activities in information networks,and finds that in judicial practice,there is a blurring of the criteria for determining“Acknowledge”,a dwarfing of the elements of "using information networks to commit crimes",and an expansion of the act of "helping".This has led to the expansion of the scope of the application of crime and brought about a series of problems.The third chapter of this thesis addresses the expansion of the helping information network criminal activities crime,combining the mainstream views of the current academic community,explaining the necessity of restricting the interpretation of each constituent element of the crime of helping information network criminal activities from the perspective of legal doctrine,and giving specific proposals for restricting the application.Finally,the fourth chapter of this thesis further clarifies the relationship between the crime of helping information network criminal activities and related crimes,and clarifies the difference between this crime and joint crimes and other crimes in judicial practice and the reasonable range of application of this crime to help achieve the legislative purpose of combating cybercrime.