Research on the Crime of Helping Information Network Crime

Yu Zhou

doi:10.63313/LH.9022

Authors

Yu Zhou Anhui University of Finance and Economics, Bengbu 233030, China Author

DOI:

https://doi.org/10.63313/LH.9022

Keywords:

Crime of aiding information network criminal activities, The constitution of the crime, Serious circumstances, Joint crime

Abstract

As cybercrime methods become increasingly hidden and unpreventable, it is difficult to effectively curb the development of new cybercriminals through the use of traditional crimes. From the perspective of criminal law provisions, helping information-networked crimes is a new type of crime. However, in judicial practice, confusion was caused by the generality of the legal provisions of the applicable rules for this offence, resulting in different sentences for the same case for this offence. Therefore, this paper looks at several difficult issues in determining this crime in depth, in order to provide certain references to judicial practice.

References

[1] Sun Yu. On the Protection Rules for Internet Service Providers —— From the Perspective of Limitations on Criminal Liability [M]. Beijing: China Legal Publishing House, 2019,45-56.

[2] Criminal Law (Volume I: General Theory) [M]. Beijing: Higher Education Press, 2019,111-123.

[3] Wang Aili. Interpretation and Application of the Criminal Law of the People's Republic of China [M]. Beijing: People's Court Press, 2021,564-569.

[4] Chen Xingliang. Criminal Law Value Construction Theory [M]. Beijing: China Renmin Uni-versity Press, 2006,49-70.

[5] Zhang Mingkai. Criminal Law [M]. Beijing: Law Press, 2021,256-268.

[6] Zhao Bingzhi. Interpretation and Application of the Criminal Law Amendment (IX) of the People's Republic of China [M]. Beijing: China Legal Publishing House, 2016,33-48.

[7] Zhou Guangquan. Criminal Liability Scope of Internet Service Providers [J]. China Law Re-view, 2015, (2),14-16.

[8] Liu Xianquan. Criminal Responsibility for the Abuse of Information Network Technology [J]. Political and Legal Forum, 2015, (6),2-5.

[9] Liang Genlin. Traditional Crime Networking: Attribution Obstacles, Criminal Law Response, and Doctrinal Restriction [J]. Law, 2017, (2),9-15.

[10] Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegal Use of Information Network and Assistance in Information Network Crime [N]. Procuratorial Daily, 2019-10-27,6-7.

[11] China Internet Network Information Center.37 Statistical Reports on the Development of China's Internet [R]. 2016,56-60.

[12] Provisions of the People's Procuratorate on Handling Internet Crime Cases [S]. China Na-tional Radio Network, 2021,33-40.