The Exploration of the Expansion and Restriction Path of Judicial Application of the Crime of Assisting Information Network Criminal Activities

From the Perspective of 277 Judgments from A Certain District in Chengdu

Abstract

With the interpretation of the constituent elements of this crime to a certain extent in documents such as "Opinions on Electronic Fraud II" and "Interpretation of the Crime of Helping Trust in 2019"^[1], it is hoped that the judicial authorities can better understand the various constituent elements of this crime in judicial practice and correctly apply them to judgments, activating the effective application of this crime in judicial judgments. However, there are still many difficult issues between the judicial practice department and the academic community regarding the inconsistent understanding and views on the constituent elements of this crime. This article aims to optimize the understanding of the various elements of the crime of Assisting Information Network Criminal Activities, explore judicial practice governance strategies and methods for Assisting Information Network Criminal Activities, and propose reasonable inclusion standards for Assisting Information Network Criminal Activities by exploring the application standards in the competition of upstream and downstream crimes of Assisting Information Network Criminal Activities. It actively responds to a series of difficult problems in the current judicial practice of Assisting Information Network Criminal Activities, and provides reasonable suggestions and effective countermeasures for the latest policy research on Assisting Information Network Criminal Activities.