关键词: 帮助信息网络犯罪活动罪, 重罪行为轻罚化, 网络犯罪, 司法实践, 刑法谦抑性

Abstract: After the crime of aiding information network criminal activities was listed in the Criminal Law in 2015, many court rulings have been made in judicial practice. Scholars hold that such rulings are against the principle of necessity of criminal law. Based on 100 sample cases, the two views of“light punishment for felony”and“excessive expansion”about the rulings in practice are analyzed, and we found that in practice, the determination of“knowingly”is not clear, there is a dispute over the determination of the crime of concealing illegal gaining, and that the applicable standards of criminal punishment are not unified. In this regard, we make targeted suggestions making efforts for clear definition of“knowingly”, for distinguishing this crime from the crime of concealing illegal gaining, and for unified standards for the application of criminal punishments, so as to achieve effective governance of relevant cybercrimes.

Key words: the crime of aiding information network criminal activities, light punishment for felony, network crime, judicial practice, the principle of necessity of criminal law