Research on the Identification of "Scienter" in the Crime of Assisting Information Network Criminal Activities

Jiatong Ye

doi:10.54254/2753-7048/2025.BR26611

Lecture Notes in Education Psychology and Public MediaOpen access

Research on the Identification of "Scienter" in the Crime of Assisting Information Network Criminal Activities

Research Article

Open Access

Research on the Identification of "Scienter" in the Crime of Assisting Information Network Criminal Activities

Jiatong Ye ^1*

¹ Xihua University

^*Corresponding author: 2265068324@qq.com

Published on 9 September 2025

LNEP Vol.112

ISSN (Print): 2753-7056

ISSN (Online): 2753-7048

ISBN (Print): 978-1-80590-339-0

ISBN (Online): 978-1-80590-340-6

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Abstract

The judicial identification of the "scienter" element in the Crime of Assisting Information Network Criminal Activities (hereinafter "the Crime") has long faced problems such as unclear standards, generalized presumptions, and divergent rulings, becoming a core difficulty in the governance of cybercrime. In practice, issues like vague conditions for initiating presumptions, weak evidential support systems, and inconsistent judicial reasoning logic plague the identification of "scienter" in this Crime. These problems stem from ambiguous legislative expression and the lagging nature of evidence rules. To address this, a tiered framework for identifying subjective intent should be constructed, clarifying the boundaries of "scienter" application and evidentiary requirements to form clear identification standards. A quantified scoring index system for electronic evidence should be refined to enhance quantitative assessment capabilities. Systematic training for judicial personnel on technical literacy and practical rules should be promoted. These measures are essential to effectively resolve the judicial identification difficulties of the Crime and safeguard citizens' rights.

Keywords:

Crime of Assisting Information Network Criminal Activities, Scienter Requirement, Identification Rules

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References

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[7]. Wang Yanqiang. Research on Issues of Concurrence Related to the Crime of Assisting Information Network Criminal Activities [J]. Legal Forum, 2025, 40(02): 28-41.

[8]. Tang Xiner. Analysis of the Path to Refine Judicial Practice for the Crime of Assisting Information Network Criminal Activities [J]. Legal Expo, 2025, (05): 148-150.

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References

[5]. Lao Dongyan. The Protected Legal Interest of the Crime of Assisting Information Network Criminal Activities J. Legal Forum, 2025, 40(02): 5-16.

[7]. Wang Yanqiang. Research on Issues of Concurrence Related to the Crime of Assisting Information Network Criminal Activities [J]. Legal Forum, 2025, 40(02): 28-41.

[8]. Tang Xiner. Analysis of the Path to Refine Judicial Practice for the Crime of Assisting Information Network Criminal Activities [J]. Legal Expo, 2025, (05): 148-150.

Cite this article

Ye,J. (2025). Research on the Identification of "Scienter" in the Crime of Assisting Information Network Criminal Activities. Lecture Notes in Education Psychology and Public Media,112,46-53.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

About volume

Volume title: Proceedings of ICILLP 2025 Symposium: Digital Governance: Inter-Firm Coopetition and Legal Frameworks for Sustainability

ISBN: 978-1-80590-339-0(Print) / 978-1-80590-340-6(Online)

Editor: Renuka Thakore, Tonejit Gad-Harry

Conference website: https://2025.icillp.org/Bristol.html

Conference date: 18 September 2025

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.112

ISSN: 2753-7048(Print) / 2753-7056(Online)

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