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

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.