少捕慎诉慎押下“两卡”类帮信罪的司法治理

On the Judicial Administration of “Two Cards” Crime of Assisting Cybercrime under the Background of Less Arrest and Prudent Prosecution and Custody

帮助信息网络犯罪活动罪(以下简称帮信罪)作为一个刑法新型罪名,在长期休眠状态后,随着断卡行动的出现呈现出“井喷”式增长的样态。其中最为显著的便是“两卡”类帮信罪,在实践操作中大有沦为“口袋罪”的趋势。帮信罪实践所处的这种境遇,正是由我国既有的立法司法与实践中的新状况不相容所致。然而修法去适应实践所造成的投入成本巨大,与我国现阶段的犯罪治理要求不相适应。因此治理“两卡”类帮信罪需从司法制度入手,运用少捕慎诉慎押的刑事政策进行司法矫正,在治理犯罪的同时释放司法善意,实现治理成本和社会效益的平衡。

As a new type of crime in criminal law, the crime of assisting information network crime(hereinafter referred to as the crime of helping cybercrime) shows a "blowout" growth with the emergence of card-breaking operation after a long period of dormancy. Among them, the most significant is the crime of "two cards", which tends to be reduced to "pocket crime" in practice. This situation in the practice of the crime of assisting cybercrime is caused by the incompatibility between the existing legislation and judicature in China and the new situation in practice. However,the cost of the investment caused by the practice of amending the law is huge, which is not suitable for the requirement of the crime control in our country at the present stage. Therefore, we should start with the judicial system, apply the criminal policy of less arrest, cautious prosecution and cautious caution to correct the crime, and release the judicial good will at the same time, realize the balance between the management cost and the social benefit.