Article 82 of the Criminal Law: Is the crime of helping information network criminal activities serious?

Legal subjectivity:

Hello! The answer to your question about "punishment for helping information network crimes" is as follows: Hello, the answer to the question about the punishment standard for helping information network crimes is as follows: Article 287 bis of the Criminal Law: knowingly providing technical support such as Internet access, server hosting, network storage, communication transmission, etc., committing crimes for them, or providing them with assistance such as advertising, payment and settlement, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined. The concept and composition of the crime of asking for help in information network criminal activities refers to a serious act of providing technical support such as Internet access, server hosting, network storage and communication transmission. , or provide advertising promotion, payment and settlement for others knowing that they use information networks to commit crimes. This crime is a newly added crime in Article 29 of the Criminal Law Amendment (IX). (I) Subject The subject of this crime is the general subject. That is, a natural person with criminal responsibility at the age of 16, and a unit can also constitute this crime. (2) Subjectively, this crime can only be constituted by intention, and negligence does not constitute this crime. (III) Object The object of this crime is the national network security management system. (4) The objective aspect of this crime is to provide technical support such as Internet access, server hosting, network storage and communication transmission. , or knowing that others use information networks to commit crimes, and providing them with assistance in advertising promotion, payment and settlement, if the circumstances are serious. The so-called "knowing" means knowing or should know; The so-called "Internet access" refers to the high-bandwidth and high-speed physical connection between users and IP WAN through a specific transmission channel, so as to collect and share information. The so-called "server hosting" refers to hosting your server and related equipment in a network data center with perfect computer room facilities, high-quality network environment, rich bandwidth resources and operation experience, and real-time monitoring of users' networks and equipment, so that the system can run safely, reliably, stably and efficiently; The so-called "network storage" refers to connecting storage devices to a group of computers through a standard network topology, aiming at helping to solve the demand of rapid growth of storage capacity. Simply put, it is to store things in computers on the network. There are three kinds of network storage structures: direct attached storage (DAS), network attached storage (NAS) and storage area network (SAN). The so-called "communication transmission" means the transmission and exchange of information from one place to another. Simply put, it is the transmission of information. Its purpose is to convey information. However, with the development of social productive forces, people have higher and higher requirements for transmitting information. This crime is consequential and needs to be constituted by "serious circumstances". What is "serious circumstances" needs to be clearly defined by law or judicial interpretation. Whoever commits this crime and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment, and shall not be punished for several crimes.

Legal objectivity:

Article 287 of the Criminal Law of People's Republic of China (PRC) 68 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.