The Dilemma and Solutions in Determining ''Knowing'' for the Crime of Assisting Information Network Criminal Activities

Since the addition of the crime of assisting in the commission of information network criminal activity to the Criminal Law in the 2015 Amendment IX. This offense has continuously increased in judicial application due to its alignment with comprehensive governance demands for cybercrime. It has become the number one or two most prosecuted crimes in China. ''Knowing'' is the essential core of this crime, which is the distinction line between bearing criminal responsibility and not bearing criminal responsibility, as well as the demarcation line for defining a person’s criminal liability. However, because of its covert and chain-like characteristics, it often makes it hard to get some direct evidence for the crime of ''knowing'', judicial proceedings have begun to see more problems with words slipping down, lower standards, more generalized presumptions, and lack of reasons. This paper systematically studies practical problems and underlying causes when determining ''knowing'' for aiding and abetting crimes by using the logical method of ''problem identification-root cause analysis-solution construction'' It proposes solutions including establishing a scientific determination system, standardizing presumption applications, refining comprehensive assessment criteria, and strengthening policy and case guidance. These aim to provide theoretical support for judicial practice, achieving a balance between precision in combating cybercrime and the principle of restraint in criminal law.