Analysis of Judicial Practice and Dilemma Optimization of “Two Cards” Crime of Assisting Information Cybercrime

Abstract

At present, the crime of assisting information network crime (hereinafter referred to as the crime of assisting cybercrime) surges in judicial practice, showing the tendency of “pocket crime”. Among them, the most significant is the crime of “two cards”. Judicial practice has formed a routine identification mode of “confession + two cards” for the crime of two cards of assisting cybercrime, showing the unclear connotation of judicial practice knowing the crime, and the breakage of the chain from the behavior of providing two cards to presumption of knowing. Through the analysis of the judicial judgment situation, the knowledge of this crime should be equivalent to clear knowledge. Adopt the legal presumption of knowing, judicial practice can adopt the way of comprehensive identification as a supplement to prevent the abuse of the crime of assisting cybercrime.