关键词: 帮助信息网络活动犯罪, 明知, 可能知道, 知道可能, 应当知道

Abstract: “Knowing” is the key constituent element of the crime of assisting in information network criminal activities. The understanding of “knowing that others use information network to commit crimes” should start from the connotation of “knowing”, and delimit the subset of “knowing” according to whether it meets the condition of “at least with uncertain intention”. Based on the essence of the crime of assisting in information network criminal activities to explain the object of “knowing”, the perpetrator only needs to have a general understanding of others relying on information network to commit crimes. Then settle on the identification of “knowing”, and classify the situation that meets the requirements of “knowing” into types of knowing with clear meaning contact, knowing without clear meaning contact, and comprehensive presumption of “should know”. The former two correspond to the knowledge of collusion and non-collusion in practice and the latter includes the circumstances which can prove the existence of “malicious behaviors” such as the actor being presumed to know according to the specific content of the assistance provided and according to the repeated assistance provided.

Key words: crime of assisting in information network criminal activities, know, may know, know what is possible, should know