The offence of assisting in information network-related criminal activities added by Amendment(Ⅸ)to the Criminal Law has triggered two major theoretical controversies:one is whether the crime leads to the criminalization of the assistance behavior,and the other is how to determine the boundary of punishment for the crime.The fundamental divergence of these theories lies in the answer to the question of whether the assistance behavior can be divorced from the subordinating nature of accomplices and the specific conditions of the criminalization of the assistance behavior.After observing the 120 judgments of the offence of assisting in information network-related criminal activities,it is found that the sentencing rule theory does not meet the needs of judicial practice;the theory of the criminalization of the assistance behavior and the cumulative crime theory are not as appropriate as the collaborative crime theory in explaining the principal nature of the offence;"being obviously aware"should refer to a general understanding of criminal activities,but the presumption needs to be applied with caution;"crime"should refer to the type of behaviour of the criminal law,and there is no need to meet the limit on the amount of guilt.
关键词
帮助信息网络犯罪活动罪/帮助行为正犯化/实证研究
Key words
the offence of assisting in information network-related criminal activities/the criminalization of the assistance behavior/empirical study
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