Research On Judicial Application Of Crime Of Helping Information Network Crime

With the rapid development of the internet,information technology has had a huge impact on the development of society,but it has also generated a large number of new criminal behaviors,such as the crime of aiding information network crimes added in the 2015 Criminal Law Amendment(9).In judicial practice,there are some confusions and controversies in the determination of this crime.In the early stages of the establishment of the crime,it was only interpreted from the perspective of the articles.Therefore,the determination criteria for this crime are relatively vague,lacking a unified and authoritative application standard.In order to ensure the accuracy of the application of this crime,In 2019,the "Two High Committees" issued the "Interpretation on Several Issues Concerning the Application of Law in Criminal Cases such as the Handling of Illegal Use of Information Networks and Assistance in Information Network Criminal Activities"(hereinafter referred to as the "Interpretation"),which made special provisions on the "knowing" and "serious circumstances" of this crime,enabling it to be accurately applied in judicial practice,thus reducing the confusion in the determination of this crime to some extent,but there are still several application difficulties,As well as the debate on hot issues in practice,further research is needed.This article is based on judicial practice and combined with the judgments of actual cases,focusing on analyzing and exploring the main issues of this crime: the exploration of the legislative nature of this crime,the determination of subjective "knowing" and "serious circumstances" of this crime,the definition of behavior forms,and the issue of competition and cooperation between this crime and other crimes.Through the discussion and clarification of the above issues,specific suggestions for the application of this crime in the judicial process are provided.