The situation that the crime of assisting in information network criminal activities has been through a sharp increase in quantity and continuous expansion in application scope since its establishment is at variance with the purport of governance of minor crimes.Behind this situation lies the problem of overly lax identification of the subjective and objective constitutive requirements of the crime in practice,and it has even become a breakthrough or evasion of the principle of unifying the subjective and objective.This not only fails to achieve the purpose of precise strike and source governance,but is more likely to make the crime of assisting in information network criminal activities a tool for judicial profit-seeking,undoubtedly representing a serious deviation from the original intention of establishing this crime.In response,the academic circle has proposed various paths to restrict the application of the crime of assisting in information network criminal activities.However,neither the theory of independent crime constitution,the theory of criminalizing the accomplice as the principal offender,nor the theory of coexistence can provide a solid foundation while acknowledging its independent attribute.By contrast,the theory of sentencing rules,which recognizes the subordinate nature of the accomplice in the crime of assisting in information network criminal activities,offers a reasonable solution for restricting the application of this crime.But the theory of sentencing rules is not a smooth path.Facing the dual challenges of theory and practical utilitarianism,it ultimately comes to an end.To better achieve the governance of minor crimes,abolishing the crime of assisting in information network criminal activities is a more appropriate choice.
关键词
帮助信息网络犯罪活动罪/结果偏离/限缩路径/量刑规则说
Key words
crime of assisting in information network criminal activities/deviation of outcomes/restriction path/sentencing rule theory
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