Research On The Judicial Application Of The Crime Of Helping Information Network Crime

In order to focus on combating telecom network fraud and its upstream and downstream related crimes,effectively curb telecom network fraud crimes,and stability and the legitimate rights and interests of the people better safeguard social harmony,the Amendment(IX)to the Criminal Law of the People’s Republic of China added the crime of helping information network criminal activities(hereinafter referred to as the “crime of helping credit”).The crime of “helping to trust” is a legislative practice of formalizing the act of helping to commit a crime,and by limiting the criminal method and the harmful circumstances,the criminal illegality and the punishability of the penalty can reach a balanced state.In judicial practice,the criteria for the application of the crime of aiding and abetting are unclear,and the flexibility of the application of the circumstance element is large,resulting in the improper expansion of the application of this crime.The theoretical and practical circles on the “help letter crime” discussion hotspots focused on the characterization of the crime,“neutral” to help whether the behavior should be held criminally responsible.Specifically,the judicial application of the crime of helping information network criminal activities,“unclear protection of legal interests”,“confusion of competing standards” and other reasons make the crime has a trend of“pocketing”.Therefore,the study of the judicial application of the crime of aiding and abetting can help clarify the elements of the crime of aiding and abetting and clarify the boundaries between the crime and other related crimes.The theoretical research and the development of judicial practice have positive significance.Through the statistical analysis of judicial cases,the current judicial application of this crime,the study of the conviction and sentencing standards of this crime,further analysis of the definition of this crime and related crimes and the causes of the problem,to put forward corresponding suggestions for improvement to summarize the judicial practice of the case decision and judicial application of the specificity and unity,in order to contribute to the judicial application of this crime.