Definition of “Knowing” of Internet Service Providers in Helping Cybercrime
- 10.2991/978-2-494069-31-2_427How to use a DOI?
- Neutral helping behavior; Subjective elements; crime of helping information network crime
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.
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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 - 10.2991/978-2-494069-31-2_427 ID - Cheng2022 ER -