As a constituent element of the crime of aiding information network criminal activities,"knowing"has a very important impact on the application of this offense.The understanding and identification of"knowing"in this crime should adhere to the concept of achieving the unity of social defense and safeguarding individual freedom.The understanding of"knowing"in this crime only requires the perpetrator to recognize that the behavior carried out by the assisted party is a behavior stipulated in the specific provisions of the Criminal Law.The degree of understanding of"knowing"this crime includes"presumed knowledge",which is not only an objective requirement to solve the difficulty of proving"knowing"this crime,but also an inherent need to achieve the legislative purpose of this crime.Based on the requirements of the moderation of criminal law and the need for the correct application of criminal presumption,appropriate limitations should be imposed on the application of"presumed knowledge"from three aspects:application premise,application method,and error correction channel.
关键词
帮助信息网络犯罪活动罪/明知/刑法节制性/刑事推定
Key words
crime of aiding information network criminal activity/knowing/the moderation of criminal law/criminal presumption
万方数据