Legal analysis
According to the provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows:
Article 1 Units and individuals that provide the following services shall be recognized as "network service providers" as stipulated in the first paragraph of Article 286-1 of the Criminal Law:
1, network access, domain name registration resolution and other information network access, calculation, storage and transmission services.
2. Information network application services such as information release, search engine, instant messaging, online payment, online booking, online shopping, online games, online live broadcast, website construction, security protection, advertising promotion, application store, etc.
3, the use of information networks to provide e-government, communications, energy, transportation, water conservancy, finance, education, medical and other public services.
Personal recommendation
According to Article 287 of the Criminal Law of People's Republic of China (PRC), the crime of helping information network criminal activities refers to the crime of providing technical support such as Internet access server hosting, network storage, communication transmission, etc. for crimes while knowing that others are using the information network. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. Therefore, in order not to affect their normal life, we must strictly abide by relevant laws and regulations and avoid personal reasons.
Article 11 of the Criminal Procedure Law of People's Republic of China (PRC) provides technical support or help for others to commit crimes. Under any of the following circumstances, it can be concluded that the perpetrator knows that others are using the information network to commit crimes, unless there is evidence to the contrary:
1, the relevant behavior is still being implemented after being informed by the regulatory authorities;
2. Failing to perform the statutory management duties after receiving the report;
3. The transaction price or method is obviously abnormal;
4. Providing programs, tools or other technical support and assistance specially used for illegal crimes;
5, frequent use of covert Internet access, encrypted communication, data destruction and other measures or the use of false identity, to escape supervision or escape investigation;
6. Providing technical support and help for others to evade supervision or investigation;
7. Other circumstances that are sufficient to determine that the perpetrator knows.