Research On The Judicial Identification Of The Crime Of Assisting Information Network Criminal Activities

In the risk society of the information age,network crimes have caused serious harm to social development.In 2015,the Criminal Law Amendment(IX)added the crime of assisting information network criminal activities,which is a legislative response to the development and change of new network crimes.However,in recent years,the number of cases related to this crime has increased rapidly,and it has the tendency to develop into "pocket crime".Behind this,there are still many difficult and controversial issues in the theory and practice of this crime.For example,what is the character of this crime,how to identify "knowing",and how to identify "gravity of the circumstances".Therefore,it is necessary to discuss these difficult and controversial issues one by one and provide feasible solutions.The full text is divided into three parts: introduction,main body and conclusion,of which the main body is divided into four chapters.The first chapter is about the charactere of the crime.As for the charactere of this crime,the most representative theories at present include the theory of sentencing rules,the theory of accomplice being the principal offender,and the theory of criminalization of helping behavior.Compared with the theory of sentencing rules and the theory of accomplice being the principal offender,the theory of criminalization of helping behavior makes the helping act principal,and directly promotes the helping act of network crime that conforms to the provisions of the law to the principal through subprovision,which conforms to the principle of proportionality of responsibility and punishment and also reduces the difficulty of proving the case,so the theory is more reasonable.The second chapter is about the current situation and existing problems of the crime.Through the statistics and analysis of the selected sample cases,two problems in the judicial practice of this crime are summarized: the identification standard of "knowing" is unclear,and there is deviation in the grasp of "gravity of the circumstances".The carding and induction of these two issues will form the basis and premise for the identification of solutions in Chapter three and Chapter four.The third chapter is the specific identification of "knowing" in the crime.Firstly,knowing should be understood as knowing clearly that the perpetrator needs to know clearly that the object he or she is helping is using his or her help to carry out criminal activities.Secondly,the interpretation of the content of "crime" should adopt the theory of illegality and crime,that is,the scope of crime is crime in the sense of criminal acts.Finally,the judicial organ can use the "presumption" method of judicial proof to determine that the perpetrator is knowing subjectively.The fourth chapter is the specific identification of "gravity of the circumstances" in the crime.Gravity of the circumstances is a unique element in the constitution of a crime,and it is necessary to consider whether the requirements of the gravity of the circumstances are met when the act is convicted.However,because the element of gravity of the circumstance is comprehensive and general,it needs to be specifically identified in practice in combination with relevant judicial interpretation provisions.