Research On "Knowing" In The Crime Of Aiding Information Network Criminal Activities

Due to imperfect legal regulation,different theoretical systems,and uneven professionalism of judicial personnel,the determination of subjective "knowledge" of the crime of helping information network criminal activities is controversial,leading to different judgments in the same case and imbalance in such cases.Unifying the application standard of legal norms and the logic of adjudication is the path to realize the value of fairness and justice in judicial activities.In terms of helping information network criminal activities,it is undoubtedly necessary to re-examine the determination of "knowingly" in judicial practice,cautiously and standardized understanding and application of "knowingly",and more rationalized regulation of the criminalization of helping information network criminal activities.The substantive interpretation of the crime of facilitating cybercriminal activities,"knowing" and "foreseeing" as the proper meaning of "knowing",but not including should know,may know;The objective objects of "knowledge" include "knowledge of others","knowledge of the criminal act","knowledge of the use of criminal tools by others The objective objects of "knowledge" include "knowledge of others","knowledge of criminal acts","knowledge of others’ use of criminal tools","knowledge of the act of helping";the difference and connection between "knowledge" of the crime of helping information network criminal activities and "knowledge" of other crimes in criminal law is more conducive to the analysis of "knowledge".It is more conducive to the definition of the connotation of "knowingly".The procedure for determining the "knowledge" of the crime of facilitating criminal activities on information networks includes ex officio knowledge and presumed knowledge,which must be determined under the premise of subjective and objective consistency and beyond reasonable doubt.