On the Types and Cognizance of “Knowing” in the Crime of Aiding Information Network Crime

In judicial practice, there are difficulties in determining the degree of "knowing". Some standards are too vague and subjective. Moreover, judicial interpretations fail to specify how to accurately determine the element of knowing. Under the lens of western legal philosophy, when the subjective intention of a perpetrator is difficult to determine, it can be inferred through the perpetrator's objective behavior. In order to improve the judicial system and to solve the ambiguity in determining the element of knowledge as much as possible, we should classify the objective acts of the perpetrator based on three different degrees of "knowing" including "should know" without definite meaning communication, "knowing" without definite meaning communication and "knowing" with definite meaning communication. Through the three judgment criteria for the determination of "knowing", the rules for the conviction of the crime of helping information network criminal activities are refined, helping to solve existing judicial problems and promoting the correct application of legal provisions.