The Theory Of “Knowing Clearly” In The Crime Of Helping Information Network Criminal Activities

To better contain the sharp increase of cybercrimes and respond to the challenges posed by the cybercrimes with new types of participation structures,the Criminal Law Amendment(IX)has added offences of helping information cybercriminal activities,leading to the normalization of assisting behaviors in the cybercrime.The understanding of offences of helping information cybercriminal activities is suitable for the crime that is based on the explanation of “Knowing Clearly”,but controversial in the theory of “Knowing Clearly ” and difficult to identify in judicial practices,resulting to its relative low suitable rate.The offences of helping information cybercriminal activities should meet the demands of “Knowing Clearly ” in criminal law.This paper combines the law-making stipulation and fault theory of “Knowing Clearly” to explore its definition and content of the offences of helping information cybercrime,and focus on the ways of the identification of “Knowing Clearly” to ensure the balance between the protection of law interest and human rights.There are three parts in the main body of this paper:The first part is the overview of “Knowing Clearly”,carding its rules in criminal legislation and judicial explanation with different forms but the same nature,and describes that “Knowing Clearly” in criminal law refers to definite knowledge,including “know” and “should-know”.The later one in cognition is different from “prediction” in the aspect of cognition content and degree.It also discusses that “Knowing Clearly” serves as the cognitive factors and premise of the criminal intent,and the “Knowing Clearly” in general and specific provisions of criminal law are the relationships between universality and individuality.The second part is the understanding of “Knowing Clearly” in offences of helping information cybercriminal activities.It analyzes the cases of “knowing that others use information network to commit crimes” and believes that “crime” is the behaviors conforming to the objective and essential condition of act of criminals,including behaviors that do not meet the crime standard due to the amount of crimes.And “implementation” includes the preparatory stage for carrying out the behaviors.It discusses two kinds of assisting behavior,technical support and other assistance,demonstrating that the content of “Knowing Clearly” of this crime should include the illegality of assisting behaviors.Finally,the intentional differences between the “Knowing Clearly” of this crime and the joint crime are explored.The third part discusses how to help the identify “Knowing Clearly” in offences of helping information cybercriminal activities.It classifies the current situation of the identification of “Knowing Clearly” in view of difficulties and mixed standards,describes the identification principles of unification of objectivity and subjectivity,holds the existence of special principals in its identification,clarifies the establishment of legal rules relations between the objective facts and “Knowing Clearly”.Legal presumption provides the reasonable approach for its identification.It also discusses the principles of abiding by the laws,ensuring the true basic facts,keeping normal connections and allowing refutation.At last,the specific standards of identification of “Knowing Clearly” are explained and analyzed.