Proceedings of the 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022)

Definition of “Knowing” of Internet Service Providers in Helping Cybercrime

Authors
Haozhe Cheng1, *, Peiwen Li2, Shuyang Li3
1Faculty of Law, Jianghan University, Wuhan, 430000, China
2Faculty of Law, Taiyuan University of Science and Technology, Taiyuan, 030024, China
3Faculty of Law, Hainan Normal University, Haikou, 571127, China
*Corresponding author. Email: ChengHaozhe@stu.jhun.edu.cn
Corresponding Author
Haozhe Cheng
Available Online 29 December 2022.
DOI
https://doi.org/10.2991/978-2-494069-31-2_427How to use a DOI?
Keywords
Neutral helping behavior; Subjective elements; crime of helping information network crime
Abstract

Accomplishing the crime of helping information network crime requires subjective “knowing”. However, since judges cannot explore the inner truth of each perpetrator, there is still a dilemma of confusion in the identification of the subjective state of network service providers. Even in judicial practice, there are a lot of examples concerning the different judgments for the similar cases. This paper holds that the reason for the dilemma of network service providers’ knowing is that under the background of “risk society”, the neutral helping behavior of network service providers who are not “knowing” should not be punishable, but there is no objective condition to assist the identification of whether the actor’s subjective state is “knowing”. On this basis, according to the relevant contents of Article 11 of the Interpretation of Information Network Crime, the judgment standard of “knowing” is put forward, and it is demonstrated by combining with Chinese judicial cases. At the same time, referring to the “neutral helping behavior” in German criminal law, this paper puts forward that the judgment of “knowing” should be based on the principle of subjective and objective analysis, which provides a judgment idea for helping the “knowing” in information network crimes.

Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 December 2022
ISBN
10.2991/978-2-494069-31-2_427
ISSN
2352-5398
DOI
https://doi.org/10.2991/978-2-494069-31-2_427How to use a DOI?
Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Haozhe Cheng
AU  - Peiwen Li
AU  - Shuyang Li
PY  - 2022
DA  - 2022/12/29
TI  - Definition of “Knowing” of Internet Service Providers in Helping Cybercrime
BT  - Proceedings of the 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022)
PB  - Atlantis Press
SP  - 3645
EP  - 3655
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-31-2_427
DO  - https://doi.org/10.2991/978-2-494069-31-2_427
ID  - Cheng2022
ER  -