Criminalization Challenge and Analysis of Network Crime Assistance Behaviors

  •  Hong Huang    


The rapid development of the network society is in sync with the current era's pace. In comparison to traditional criminal methods, the utilization of the internet for criminal activities has progressively emerged and become increasingly prevalent. Nonetheless, this also poses a challenge in characterizing the offender's behavior. The objective of the study is to reveal the inadequacies in existing laws, policies and practices, and clarifying the harm of assisting in cybercrime and the plight of victims will help develop more effective support services and coping strategies, thereby improving the efficiency and quality of assistance to victims. This study focuses on the identification disputes that arise during the adjudication process of practical cases, combined with the existing legal provisions of the data for qualitative and quantitative analysis, and carries out a type study on the identification of helping behavior of cybercrime. Although China has specified the crime of assisting information network criminal activities in Article 287 bis of the Criminal Law, it remains controversial in distinguishing this offense from other crimes in actual cases. The study found that the techniques and means of cybercrime continue to evolve, from simple scams to sophisticated cyberattacks and data breaches, indicating that perpetrators are adapting to technological developments and changes in security measures. Consequently, it is crucial to clearly elucidate the connection between various recognition schemes from the theoretical perspective of norm violation and legal interest infringement, in order to provide an effective solution for the resolution of identification disputes in actual cases.

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