Keywords
Constitutive elements
Judicial application
Submitted : 2024-10-08
Accepted : 2024-10-23
Published : 2024-11-07
Abstract
With the in-depth development and extensive application of information technology, the use of information network crime is increasingly rampant, and the fundamental purpose of this is to regulate the helping behavior in network crime. In judicial practice, the application of this crime shows a trend of rapid expansion, but at the same time, there are also some difficulties and disputes, which are mainly reflected in the subjectivity of the identification of “knowing” in the constitutive elements, and the ambiguity of the definition of “helping behavior” and “serious circumstances.” Based on this, people should clarify the connotation of the constituent elements of the crime, and unify the identification standards of the crime, to achieve accurate application in judicial practice for better governance of network crime.
References
Xie YJ, Li YX, 2017, Network Security Law. Beijing University of Posts and Telecommunications Press, Beijing, 132.
Zhang MK, 2016, On the Crime of Helping Information Network Crime Activities. Politics and Law, 2016(2): 2.
Chen XL, 2022, The Positive Crime of Accomplice Behavior: From the Perspective of Helping Information Network Crimes. Comparative Method Study, 2022(2): 44.
Chen BZ, 2024, On the Judicial Determination of the Crime of Helping Information Network Crime. Journal of Henan University (Social Science Edition), 2024(2): 53.
Zhang JQ, 2023, Help the Judgment Difficulties and Examination Ideas of “Typed Excuse” in the Crime of Information Network Crime Activities. Rule of Law Forum, 2023(3): 313.
Liu S, Liu L, 2023, On the Application of Helping Information Network Criminal Crime. Journal of Liaoning University (Philosophy and Social Sciences Edition), 2023(3): 100.
Liu YH, 2023, Help the Judicial Expansion Trend and Substantial Restriction of the Crime of Information Network Criminal Activities. China Law Review, 2023(3): 58.
Huang XQ, 2022, Research on the Crime of Helping Information Network Criminal Activities. Law Applicable, 2022(7): 70.
Chen HB, 2022, Help the “Pocket” Correction of the Crime of Information Network Crime. Journal of Hunan University (Social Science Edition), 2022(2): 127.
Xue TC, 2023, To Help the Interpretation of the Crime of Information Network Crime: Accomplice and Non-accomplice. Shandong Social Science, 2023(10): 175.
Zhang JM, Peng GQ, Wang H, 2023, To Help Distinguish the Constituent Elements of the Crime of Information Network Criminal Activities. People’s Procuratorate, 2023(2): 53.
Luo XJ, Li XD, Li MH, 2023, Research on the Judicial Issues of Helping Information Network Crime. Qin Zhi, 2023(9): 34–36.
Feng ZT, Wang RH, 2023, To Explore the Governance of Information Network Crime. Dalian Cadre Student Journal, 2023(8): 58–64.
Yang YF, 2023, The Current Situation and Prevention of College Students involved in the Crime of Helping Information Network Crime. Encyclopedia Knowledge, 2023(21): 25–26.