Current scholarly analysis of the legal nature of the"crime of assisting information network criminal activi-ties"has not effectively justified its legislative necessity.This has led to significant divergences in judicial practice regard-ing the crime's subjective knowledge,objective assistance acts,and the application of"aggravated punishment"clause.Under the scrutiny of contemporary accomplice doctrine,the typical behaviors intended to be regulated by this crime face punitive loopholes.Given the heightened harm of assistance behaviors in cyberspace,the necessity of establishing this crime as a standalone"blocking"offense can be justified.Based on the justification for the legislative necessity of the"crime of assisting information network criminal activities,"the elements of this crime can be further"purified"through the confirmation of subjective"knowledge"and the determination of objective"assistance,"addressing judicial diver-gences.The application of the"aggravated punishment"provision in Article 287-2 of the Criminal Law should be restrict-ed in its scope of concurrence to delineate the boundaries between the"crime of assisting information network criminal ac-tivities"and upstream crimes,as well as the"crime of concealing or disguising criminal proceeds."
crime of assisting information network criminal activitiescontemporary accomplice doctrinelegislative necessity
万方数据
维普
