Procedural Correction of Criminal Justice for the Crime of Aiding Information Network Criminal Activities

Abstract

Nowadays, the crime of aiding information has expanded rapidly. In the criminal judicial practice, there have appeared the phenomena of criminal presumption of knowing to simplify the crime standard, lenient application of guilty plea in the crime of helping letter, and shelving the rights and interests of the accused. In this paper, case analysis and literature research are used to explore the applicable ways of procedural correction. Firstly, the paper maintains that criminal presumption should meet the standard of certainty. Secondly, the article needs accurately grasp whether the defendant suffers knowing, use the system of plead guilty fairly, and implement the basic criminal law thought of strict but not severe. Thirdly, its necessary to make good use of the right of estoppel to defend the rights of the person pursued through the extended duty lawyer system to implement the policy guidance of tempering condone and avoiding the imbalance of crime and penalty in procedural law.