Currently,the application rate of the crime of helping information network crime has increased significantly.One of the reasons for this trend may be that judicial practice fails to properly distinguish between the crime of helping information network crime and the offense of covering up and concealing the crime.At present,there are three theoretical theories about the distinction standards of the above two crimes,namely,the theory of time standard,the theory of constitutive elements and the theory of degree of verification.These three theories only focus on the differences of the two crimes in a certain aspect,and only put forward the distinction stan-dards for specific aspects,which is difficult to adapt to the complexity of the distinction between the crime of helping information network crime and the crime of covering up and concealing.In order to realize the effective distinction between the crime of helping the information network crime and the crime of covering up and concealing,it is necessary to adhere to the comprehensive distinction standard of meeting the constitutive requirements as the formal standard,having legal interest infringement as the substantive standard,the unification of subject and objective as the evaluation standard,and the principle of the presumption of guilt as the proof standard.
关键词
帮助信息网络犯罪活动罪/掩饰、隐瞒犯罪所得罪/主客观相统一/疑罪唯轻/证明标准
Key words
Helping Information Network Crime/Cover up or Conceal the Offence Com-mitted by a Crime/Subjective and Objective Unity/the Benefit of the Doubt is the Least/Stan-dard of Proof
维普
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