The Correction and Reconstruction of the Double Layered Discrimination System for the Recognition of Assistance in Cybercrime
There is a paradox in defining the normative attributes of the crime of aiding information network criminal activities,and the chapter settings are not entirely reasonable.In the increasingly serious trend of"pocket crime",it is reasonable to limit or even un-necessary not to apply Article 287-2 of the Criminal Law.The recognition of cybercrime assistance behavior as a joint crime through a double-layered distinction system is in line with the current system of China's criminal law.While maintaining the normative signifi-cance of accomplice attributes and constituent elements,it also appropriately handles the phenomenon of increasing the severity of legal interest infringement in cybercrime assistance behavior.As a correction to Article 287-2 of the Criminal Law,the double-layered dis-tinction system can effectively address conviction issues such as the inability to ascertain the facts of the crime,and sentencing issues such as the difficulty in determining the principal and accomplices.It is a reasonable path to address the practical difficulties in identif-ying acts of aiding in cybercrime.
crime of aiding information network criminal activitiesnormative attributeslegal interests of cyberspace orderdouble-layered discrimination system
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