Study on the Governance Path of"Two-Card"Type Crime of Assisting Information Network Criminal Activities:A Perspective of Criminal Integration
From the perspective of criminal integration,the drastic expansion in the application of the crime of assisting information network criminal activities is mainly due to the fact that,in terms of policy implementation,it is easy to break through the statutory law by unilaterally applying the principle of"strictness and severity";in terms of crime determination,the threshold for incrimination is lowered because of the separation of the substantive and formal elements;and in terms of the division of penalties,the criterion of"amount"is often used as the standard,which hinders the diversion of cases to administrative penalties;and in the prevention of crimes,the lack of targeting of relevant measures makes it difficult for the public to generate disincentives,which is to say that the effect of prevention is not good.Therefore,the governance path of"two-card"type crime of assisting information network criminal activities from the perspective of criminal integration should not only strictly implement the criminal policy of combining leniency with severity,but also adhere to the unity of form and substance.Based on the principle of legality,reasonable and legal conviction and punishment and criminal diversion are carried out.The government is also actively adopting multi-dimensional governance at the source to effectively curb the growth of the"two-card"type assisting information network criminal activities.
crime of assisting information network criminal activitiescriminal policyapplication of criminal lawdemarcation of punishment and executioncrime preventiongovernance path
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