Research On The Judicial Cognition Of The Crime Of Helping Information Cybercrime

The crime of helping information cybercrime is one of the most common crimes in the network field.No matter in the theory or in the judicial practice,for a long time,this crime generally exists the recognized standard of "knowing" is different,the connotation is unclear;The criteria for determining "Serious Circumstances" are the divergence according to the referenced terms and the amount-only theory;The different understanding of paragraph 3 in this crime leads to the confusion of the charge determination and the imbalance about the severity of sentencing.Based on empirical research,"knowing" in this crime belongs to "know exactly",and the content of "knowing" refers to the behavior that others use information network to implement in accordance with the objective aspects of the criminal law.It should adhere to the principle of consistency between subjective and objective aspects in the specific determination of "knowing",and prove "knowing" beyond reasonable doubt;The determination of "Serious Circumstances" should adhere to the principle of legal interest protection,eradicate amount-only theory,and specifically determine whether the behavior meets the "Serious Circumstances" according to the subjective and objective circumstances of the case;For the purpose of facilitating practical operation,the paragraph 3 of this crime does not need to strictly distinguish between the concurrence of laws or the concurrence of imagination,and the inclusive concurrence can be applied.Under the specific distinguishing with the easily-happened concurrence,the alternative felony punishment in the paragraph 3 will not lead to the overhead of this crime or the imbalance of sentencing,and it is not necessary to restrict its explanation.