Research On The Crime Of Helping Information Network Crime

The crime of aiding information network criminal activities(hereinafter referred to as "the crime of aiding trust" or "this crime")has attracted the attention of theoretical and practical circles since its inception.In particular,in recent years,the country has vigorously carried out the special action of "breaking the card",making this crime the most applicable crime in the governance of telecommunications network crimes.Therefore,it is particularly necessary to comprehensively interpret the crime of aiding trust in theory and practice,clarify the legislative nature of this crime,explore reasonable theories of limiting punishment,and specific rules for judicial application,so as to make this crime accurately applicable in the judicial field.This paper is divided into four parts:The first chapter is about the establishment and positioning of the crime of aiding in trust.China’s governance of cybercrime has experienced three stages: starting,developing,and supplementing.This crime is a criminal response to the increasing proliferation of cybercrime assistance,which meets the current practical needs and is utilitarian.The theory of sentencing rules,the theory of accessory principal offender,and the theory of omission punishment are all inappropriate.The legislative positioning of this crime should belong to the principal offender of helping behavior.The third chapter is about the restrictive punishment path for network neutral assistance behavior.The existing punishment models for neutral assistance behavior have shortcomings.The comprehensive punishment theory violates the judicial policy of combining punishment with leniency in the criminal law,and the subjective theory within the restrictive punishment theory lacks consideration of objective behavior.The occupational equivalence theory under the objective theory may become a "death free gold medal" for criminals,and the benefit measurement theory lacks operability in practice;Therefore,the restriction and punishment of network neutral assistance behavior should be based on the occupational equivalence theory under the objective theory,supplemented by the objective liability theory.The third chapter is about the restrictive punishment path for network neutral assistance behavior.The existing punishment models for neutral assistance behavior have shortcomings.The theory of comprehensive punishment violates the purpose of criminal law norms,and the subjective theory within the theory of restrictive punishment lacks consideration of objective behavior.The theory of interest measurement under the objective theory lacks operability in practice;Therefore,the restriction and punishment of network neutral assistance behavior should be judged based on the occupational equivalence theory under the objective theory,supplemented by the objective liability theory.The fourth chapter is about the judicial application rules of the crime of aiding in trust,which constructs four levels of subjective knowledge: certainty,factual knowledge,due knowledge,or knowledge.In terms of identification,the principle of evidence judgment should be adhered to first,and then rebuttable presumption should be applied."More than three objects" in the "serious circumstances" of this crime are interpreted as three independent natural persons or groups,and there is no criminal connection between them;"Payment and settlement amount" requires the actor to provide substantive assistance for fund circulation in addition to providing accounts;Adhere to the position of "affirmative punishment theory" on the amount of current accounts.This crime and the crime of fraud should be distinguished by factors such as the degree of knowledge of the upstream crime,whether there is collusion,and whether they participate in the sharing of stolen goods.Distinguish between this crime and the crime of concealment based on the time when the aiding act and the upstream crime occurred.The handling of the transformation of aiding trust behavior conforms to the criminal constitution of the crime of theft,and should be treated as theft.