关键词: 帮信罪, 认定明知, 印证证明, 综合认定, 补助证据

Abstract: The academic and practical circles regard the “knowing” identification clause in judicial interpretation as presumption, which is a deviation in understanding. Problems such as over-reliance on objective behavior have also appeared in the application of the identification clause in practice. By analyzing the nature of the clauses and the limitations of proof, this paper puts forward the method of comprehensive identification based on supplementary evidence aiming to solve the practical problem of subjective “knowing” identification of the crime of assisting information network criminal activities. Comprehensive identification proposes to abandon the concept of corroboration of proof standards, but does not exclude the use of corroboration methods, which is not a supplement to corroboration proofs, and takes no order in application. Therefore, the judge should always adhere to the legal standard of proof, and prudently identify “knowing” via the details in the corroboration evidence combined with the rule of thumb.

Key words: crime of assisting information network criminal activities, identified knowing, verification method, comprehensive identification, supplementary evidence