Analysis of the Recognition of “Clearly Knowing” in the Crime of Assisting Information Network Criminal Activities Based on Chinese Payment Methods

DOI

10.2991/978-2-38476-277-4_193How to use a DOI?

Keywords

assisting information network criminal activities; clearly knowing; should have known; might have known

Abstract

This article sorts out the three views in the academic community on the interpretation of the “actual knowledge” element in Article 287 of the Criminal Law on the crime of assisting information network criminal activities: the narrow view, the plain view, and the broad view. The author compares the three views in terms of punishment justice and judicial efficiency, and believes that “actual knowledge” should adopt the interpretation of “clearly knowing or should have known”, so as to adapt to the goal of the crime establishment: cutting off the chain of benefits of network crime. Based on the comparison between real judicial cases and the content of non-prosecution decision letters, the author summarizes two standards used in judicial practice to judge the extradition and incrimination of the crime of helping information network crime activities. In combination with the current situation of China's crime of helping information network crime activities, it proposes suggestions for improving the identification system of “should have known” from the perspective of helping the crime of information network crime, and puts forward new views on market supervision improvement, market subjects’ transaction obligations and crime information notification.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Wenyan Xiao
AU  - Yequan Zhang
PY  - 2024
DA  - 2024/09/02
TI  - Analysis of the Recognition of “Clearly Knowing” in the Crime of Assisting Information Network Criminal Activities Based on Chinese Payment Methods
BT  - Proceedings of the 2024 10th International Conference on Humanities and Social Science Research (ICHSSR 2024)
PB  - Atlantis Press
SP  - 1718
EP  - 1728
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-277-4_193
DO  - 10.2991/978-2-38476-277-4_193
ID  - Xiao2024
ER  -