The Judicial Apllication Research On The Crime Of Helping Network Criminal Activities

The rapid development of the Internet has entered all aspects of people’s lives,and has had an increasing impact on people’s production and business activities.People are shopping online,working online,taking a taxi online,etc.,especially in recent years because of the epidemic,the convenient and efficient characteristics of the Internet make people’s work and life go smoothly,and the Internet has become an indispensable part of people’s life.However,with the rapid development of the Internet,user groups are numerous and complex,which will inevitably lead to new forms of criminal behavior.Therefore,while the Internet brings convenience to people’s production and business activities,cyber crime is also increasingly prominent.In recent years,information network crime has become more and more serious,and the number of new types of network crime activities using the Internet as a means has been increasing.The activities of providing network technical support for network crime activities,online payment and settlement,and Internet service promotion have also become more and more.Some of them have formed a chain of industrialization.The crime of aiding information network criminal activities has been added in the Ninth Amendment to the Criminal Law in order to separate the aiding behavior of information network crime into a new crime and crack down on this kind of behavior.The crime has also shown a trend of linear rise,and has become the third largest crime after the crime of dangerous driving and theft.Because the crime of helping information network criminal activities is relatively new,there is no relatively perfect legal system,and the application of the law is vague,which leads to the confusion in the judicial application of the crime,and there are many problems.The perpetrator of the crime of helping information network criminal activities subjectively provides assistance for the crime by "knowingly" using information network to commit a crime,such as providing technical support services such as server hosting,network storage,communication transmission,etc.for Internet crimes,or providing advertising promotion,payment and settlement,etc.However,"knowing" is a subjective psychological state,which is difficult to identify in practice.In addition,the behavior of helping information network criminal activities and the behavior of being helped network crime are diverse.How can the applicable law define what is "knowingly",the behavior boundary of "being helped",whether "neutral help" should be punished,and "serious circumstances" in practice? These problems lack guidance and have strong subjective consciousness,which will lead to the phenomenon of different judgments in the same case.The Supreme People’s Court and the Supreme People’s Procuratorate have also made corresponding provisions on the crime of aiding information network criminal activities in the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Illegal Use of Information Network and Assistance in Information Network Criminal Activities.However,the above laws are obviously not sufficient to regulate the crime of aiding information network criminal activities in terms of its diversified behavior.In addition,the subject of the crime is becoming younger,and many college students have fallen into the abyss of crime for petty gain because of their weak legal awareness,which will affect their lives.Through the analysis of the macro and micro patterns of the crime of helping information network criminal activities,this paper puts forward the problems in the judicial application and gives corresponding solutions.