Judicial Practice of the Crime of Aiding Information Network Criminal Activities
After the crime of aiding information network criminal activities was listed in the Criminal Law in 2015,many court rulings have been made injudicial practice.Scholars hold that such rulings are against the principle of necessity of criminal law.Based on 100 sample cases,the two views of"light punishment for felony"and"excessive expansion"about the rulings in practice are analyzed,and we found that in practice,the determination of"knowingly"is not clear,there is a dispute over the determination of the crime of concealing illegal gaining,and that the applicable standards of criminal punishment are not unified.In this regard,we make targeted suggestions making efforts for clear definition of"knowingly",for distinguishing this crime from the crime of concealing illegal gaining,and for unified standards for the application of criminal punishments,so as to achieve effective governance of relevant cybercrimes.
the crime of aiding information network criminal activitieslight punishment for felonynetwork crimejudicial practicethe principle of necessity of criminal law
国家科技期刊平台
NSTL
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