On the Discrimination and Practical Identification of"Advertising Promotion"In Helping Information Network Criminal Crime
"Amendment(Ⅸ)to the Criminal Law"added the crime of assisting criminal activities in information networks.Arti-cle 287 bis of the Criminal Law stipulates the act of providing assistance to another person's criminal activities through technical sup-port,advertisement and promotion,payment and settlement,etc.,when the person is aware that the other person is using the informa-tion network to commit crimes.The act of"advertising and promotion"is one of the objective behavioral manifestations of the crime.After searching and sorting out the circumstances in which the crime of"advertising and promotion"is recognized on the China Judicial Instruments Website,the dilemmas in the recognition of the crime of"advertising and promotion"include:subjective"knowledge",the need for further clarification of the recognition standard,and the need for a clearer definition of the crime of"advertising and pro-motion".The dilemmas in the determination of the crime of"advertising and promotion"include subjective"knowledge",the need for further clarification of the determination standard,the relative ambiguity of the scope of objective behavior,the low degree of correlation between peripheral and core crimes,and the inadequacy of the extension of judicial functions.On this basis,it explores the path of i-dentifying the crime of"advertising and promotion"and proposes that the standard of"knowledge"should be fully and accurately grasped,the boundaries of"advertising and promotion"should be defined,and a comprehensive approach should be adopted to combat peripheral and core crimes.It also puts forward the following solution paths:the standard of"knowledge"should be grasped accurately and comprehensively,the boundaries of the act of"advertising and promotion"should be defined,the peripheral and core crimes should be combated comprehensively,and the concept of active justice should be realized by prosecutorial suggestions,with the hope of providing reference for the identification and determination of the crime of"advertising and promotion"type of assisting in the informa-tion network criminal activities in judicial practice.
crime of helping information network criminal activitiescrime of helping information network criminal activities of the"advertisement promotion"typebehavioral analysis
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