Abstract:
In recent years, cybercrime and its facilitation have become alienated, and relevant judicial interpretations have been issued and implemented. In this context, the subject of cybercrime is becoming more and more “civilian”, and the legislative law enforcement system is “loosened”, which has helped greatly expand the judicial application of information network criminal activities. This does not conform to the internal logic of criminal law theory and cannot respond to the needs of judicial practice. In this regard, the self-responsibility attribute of “knowing” and the strictly constructed nature of the assisted act should be strengthened, and the judicial application of this crime should be limited.