Definition of “etc.” Behavior in the Crime of Assisting Information Network Criminal Activities
- 1 Jinan University
- 2 Xiamen University of Technology
- 3 Tianjin Foreign Studies University
- 4 Shanxi Agricultural University
* Author to whom correspondence should be addressed.
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.
Keywords
cybercrime, the crime of assisting information network criminal activities, “ etc.” assisting behavior
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Cite this article
He,J.;Hong,B.;Li,K.;Zhang,X. (2023). Definition of “etc.” Behavior in the Crime of Assisting Information Network Criminal Activities. Lecture Notes in Education Psychology and Public Media,16,1-7.
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