Application of the Comprehensive Identification to"Knowing"Identification in the Crime of Assisting Information Network Criminal Activities
The academic and practical circles regard the"knowing"identification clause injudicial interpretation as presump-tion,which is a deviation in understanding.Problems such as over-reliance on objective behavior have also appeared in the application of the identification clause in practice.By analyzing the nature of the clauses and the limitations of proof,this paper puts forward the method of comprehensive identification based on supplementary evidence aiming to solve the practical prob-lem of subjective"knowing"identification of the crime of assisting information network criminal activities.Comprehensive identification proposes to abandon the concept of corroboration of proof standards,but does not exclude the use of corrobora-tion methods,which is not a supplement to corroboration proofs,and takes no order in application.Therefore,the judge should always adhere to the legal standard of proof,and prudently identify"knowing"via the details in the corroboration evidence combined with the rule of thumb.
crime of assisting information network criminal activitiesidentified knowingverification methodcomprehensive identificationsupplementary evidence
国家科技期刊平台
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