The Identification of "Knowingly" in Crime of Assisting in Information Network-Related Criminal Activities

Abstract

In recent years, with the rapid development of network technology, the frequency of cyber crime cases has been increasing, and the criminal means are emerging in an endless stream. The Criminal Law of the People's Republic of China (IX), introduced in 2015, added crime of assisting in information network-related criminal activities. Once this crime has been introduced, there are many discussions on the definition of "knowingly", which may lead to the application of this crime too extended or limited. In order to solve this problem and better understand and apply the law, this paper mainly uses three research methods: literature research, case analysis and comparative analysis. Firstly, in terms of understanding the connotation of knowing, "knowing" is understood as "clearly knowing" and "should know". Secondly, the object of "knowing" is clearly defined. Understanding "knowingly" objects as "criminal acts" that conform to the objective aspects of specific criminal acts is sufficient. Finally, a method for identifying "knowing" is proposed, with a focus on adhering to the principle of combining subjectivity and objectivity.