As far as this crime is concerned, the subjective element is intentional, and it is impossible to become this crime by negligence alone. Therefore, we must pay attention to the judgment of the subjective mentality of the parties. If it is intentional, it can be considered as this crime. If it is not intentional, it is necessary to make further judgments on subjective mentality through other means. Objectively, we must carry out the acts clearly stipulated in the criminal law, that is, provide internet access for others, or provide technical support such as server hosting and communication transmission to help others commit crimes. There must be specific behavior. As far as the object of infringement is concerned, this crime violates the state's management order of the normal information network environment.
legal ground
The full name of the crime of helping the letter is the crime of helping the information network criminal activities. According to the provisions of Article 287 of China's Criminal Law, whoever knowingly uses information networks to commit crimes, provides them with technical support such as Internet access, server hosting, network storage, communication and transmission, or provides them with assistance such as advertising promotion, payment and settlement, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.