Definition of etc. Behavior in the Crime of Assisting Information Network Criminal Activities

Abstract

Various kinds of cybercrime have emerged after entering the Internet era. In the Criminal Law Amendment (IX), the crime of assisting information network criminal activities has been added. However, there is an inconsistent understanding of the crime of assisting information network criminal activities among all parties in the practical circles. It is found that the judicial application of the crime of assisting information network criminal activities is more confusing by combing the relevant adjudication documents. For the purpose of eliminating this phenomenon, the etc. assistance in the crime of assisting information network criminal activities can be defined through legal norms analysis or case studies. This paper clarifies the boundary between crime and non-crime and between this crime and the other crime based on the following criteria. The objective assisting behavior needs to have the legal benefit infringement. The degree of scienter is relatively specific and determined. Meanwhile, the circumstances are severe. Besides, in order to clarify the scope of etc., this paper analyzes the legal norms of the act of using the account number in online games to transfer money, which provides a more significant reference value for judicial application.