Yihui Yuan’s research while affiliated with Tibet University and other places

With the proliferation of network technology, cybercrime has become frequent, posing significant challenges to traditional legal theories and judicial practices. In response to the alienation of aiding behaviors in cyberspace compared to traditional legal acts, China introduced the offense of aiding information network criminal activities in 2015.Since its inception, the offense of aiding information network criminal activities has witnessed a transition from low to high application rates, accompanied by a surge in the number of related cases. As the pertinent legal framework has undergone continuous refinement, several issues have come to light, including disputes over the identification of assisted conduct and a tendency for the crime to become overly broad or catch-all offense in its scope. The improper expansion of judicial application poses a challenge to the principle of suitability of punishment to the crime committed. Thus, it is of great significance to study how to reasonably limit the application of this crime. Therefore, initiating a discussion on both legislative and judicial levels, grounded in the nature of this crime, its subjective patterns, and the punishable scope of neutral assisting behaviors, is crucial for addressing existing issues and refining legislation in the realm of cybersecurity in China. By reasonably distinguishing and analyzing issues such as "knowingly" and the punishability of neutral aiding behavior, we can effectively narrow the scope of this offense. Taking the restrictive interpretation as the fundamental stance, this article briefly analyzes the definition of the nature of the crime of aiding information network activities, the exploration of subjective and objective elements, and other restrictive approaches, aiming to benefit judicial practice.