Communications in Humanities Research
- The Open Access Proceedings Series for Conferences
Communications in Humanities Research
Vol. 15, 20 November 2023
Open
Access | Article
Definition of the Presumption Rule of "Knowledge" in the Crimes of Assisting in Information Network-Related Criminal Activities
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Abstract
The continuous development of network technology has profoundly transformed the daily production and lives of human beings. However, it has also given rise to numerous new forms of cybercrime, leading to the proliferation of certain cybercrimes. Assisting information network criminal activities constitute a crucial aspect of cybercrime. In 2015, the promulgated Criminal Law Amendment (IX) listed it as an independent offense. However, due to the problem of unclear judicial interpretation, the crime has been in a state of cold storage for a long time until 2019, when the Supreme People’s Court and the Supreme People’s Procuratorate promulgated the Interpretation of a Number of Issues Concerning the Application of Law to the Handling of Criminal Cases of Illegal Utilization of Information Networks and Helping Criminal Activities on Information Networks and Other Criminal Cases the crime has gradually begun to be applied in large quantities. In recent years, the crimes of assisting in information network-related criminal activities has been on the rise, but there have been numerous objections and lack of consensus regarding the determination of subjective knowledge in judicial practice and the theoretical community. Therefore, it is crucial to clarify the presumption rule of knowledge to provide guidance for judicial practice.
Keywords
cybercrime, information network criminal activities, subjective knowledge, presumption rule, relecommunications fraud
References
1. Bijan F.M. (2022) Innovative Liability in Criminal Law: Between Strict Liability, Negligence and Allowable Risks. translated by Tang Z., Soochow University Journal of Law, 3, 48-61.
2. Liu Y. (2023) The Judicial Expansion Trend and Substantial Limitation of the Offense of Helping Criminal Activities on Information Networks. China Law Review, 3, 58-72.
3. Zeng L. (2023) The Judgment Logic and Scope Limitation of “Knowingly” in the Crimes of Assisting in Information Network-Related Criminal Activities. Journal of the Chinese People’s Public Security University (Social Science Edition), 1, 64-71.
4. Yin Z. (2023) The Understanding and Application of “Knowingly” in the Crimes of Assisting In Information Network-related Criminal Activities. Citizen’s Law (Comprehensive Edition), 4, 32-42.
5. Zang T. (2015) Interpretation of Amendment (IX) to the Criminal Law of the People’s Republic of China. Legal Publishing House, 210.
6. Zhou Z., Zhao C. (2022) An Empirical Study on the Crimes of Assisting in Information Network-Related Criminal Activities” - Taking 1,081 Judgments as a Sample. Applying the Law, 6, 83-93.
7. Dai J., Zhao X. (2022) Procuratorial Organs Prosecute 64,000 People for the Crime of Helping Information Network Criminal Activities in the First Half of the Year. Procuratorial Daily, 23, 1.
8. Procuratorate D. (2023) A total of 316,000 criminal suspects of all types were arrested in the first half of the year. Retrieved from . http://newspaper.jcrb.com/2023/20230720/20230720_004/20230720_004_3.htm.
9. Research Group of Beijing Municipal Daxing District People’s Procuratorate. Research on Difficult Issues of Judicial Practice on the. Crimes of Assisting in Information Network-Related Criminal Activities” Research on the Prevention of Juvenile Delinquency, Retrieved from 42-49.
10. Yu H. (2021) Twenty Lectures on Cybercrime. Law Press·China, Sixth Edition, 104.
11. Luo M., Zeng J. (2022) Analyzing the Difficulties in Investigating Cases of Helping Information Network Crimes and Investigative Countermeasures. Guangzhou Municipal Public Security Management Cadre College Journal, 2,10-16.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the International Conference on Global Politics and Socio-Humanities
- ISBN (Print)
- 978-1-83558-119-3
- ISBN (Online)
- 978-1-83558-120-9
- Published Date
- 20 November 2023
- Series
- Communications in Humanities Research
- ISSN (Print)
- 2753-7064
- ISSN (Online)
- 2753-7072
- DOI
- 10.54254/2753-7064/15/20230519
- Copyright
- 20 November 2023
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited