Reflection and Limitation on the Judicial Expansion of the Crime of Assisting Information Network Criminal Activities
In order to crack down on crimes committed through the Internet,the Criminal Law Amendment(IX)add-ed the crime of assisting information network criminal activities.However,in the judicial application,the constitutive ele-ments of this crime appear judicial expansion.In terms of subjective awareness,the"subjective knowledge"is expanded to"ought to know"or even"probably know".For the objective elements,the"help"behavior is expanded to help accomplic-es,forced accomplices and even assist accomplices,while the"help"object is expanded to help general illegal acts.The ju-dicial interpretation and practice of"serious circumstances"only stipulate or judge the amount,but lack the substantive judgment.The judicial expansion of the crime of assisting information network criminal activities easily makes its connota-tion unclear,which is also contrary to the criminal policy of combining leniency with severity.Therefore,it is necessary to limit the constitutive requirements of this crime.It is appropriate to limit subjective awareness to"expressly known",which should be determined through subjective and objective comprehensive identification."Objective help"should be limited to the help of the principal offender,and the principal offender must use the information network to commit a crime or at least commit acts stipulated in the specific provisions of criminal law.The judicial interpretation of"serious circumstances"should add other considerations on the basis of objective amount,and the practical determination should also be based on comprehensive standards.At the same time,construct the path of decriminalization of substantive reasons with"serious cir-cumstances"through the decriminalization of substantive reasons.
crime of assisting information network criminal activitiesdecriminalization out of substantive reasonssubjective knowledgeobjective helpserious circumstances
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