On Judicial Restriction of Crime of Helping Information Network Crime Activities
As a new crime of criminal law,the crime of helping information network crime activities shows a"blowout"growth with the launch of the long-term dormant state.Among them,the most signifi-cant is the"two card"type of helping information crime,which has a tendency to become a"pocket crime"in practice.In the judicial application of this crime,there are problems such as"knowing"identifi-cation is too loose,and objectively,there are problems such as ignoring the requirement of accomplice subordination and false"serious circumstances".Starting from the constitutive elements of this crime,the paper analyzes the judicial restriction path of this crime,standardizes the application of this crime in the judiciary,fully implements the criminal policy of combining mercy with mercy,restricts the conviction and punishment of this crime,the use of leniency and punishment,and scientific sentencing,which helps to avoid the negative impact of the excessive regulation of the emerging technology of criminal law on the daily life of the public.
the crime of helping information network crime activitieslimits from attribute saythe sen-tencing rule says
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