Research On The Difficult Problems Of Judicial Application The Of The Crime Of Helping Information Network Crimes

Under the background of information network society,the number of cases of crime of helping information network criminal activities has increased by spurt,which is accompanied by many difficult problems in the determination of the crime: the boundary between crime and non-crime is unclear,the application of the crime is divided,and the determination of the number of crimes is not unified.The deep-seated reasons are mainly due to the differences in the nature of the charges,the inconsistency in subjective and objective identification,and the unclear criteria for determining several crimes for one crime.This paper intends to clarify the content and standard of subjective and objective aspects of this crime by sorting out and answering these difficult questions.First of all,the addition of the crime of helping information network criminal activities is a legislative activity based on criminal policy,which fills the punishment loophole of traditional accomplice theory and belongs to the typical legislation of helping behavior to be criminalized.Secondly,some of the behaviors regulated by this crime belong to the network neutral help behavior,but most of them are not punishable in the sense of criminal law.The punishment boundary of neutral help behavior should be comprehensively judged by the double-layer standard of "objective relevance+purpose relevance".Only when the help behavior is "closely related" to the implementation behavior objectively,it belongs to the punishment scope of this crime if there is "knowing" subjectively,and the subjective identification standard that does not belong to the network neutral help behavior should be relaxed to "knowing".Secondly,combined with the practice in practice,the "knowing".