帮助信息网络犯罪上的“明知”量刑问题研究

A Study on the Sentencing Issues of “Knowledge” in the Crime of Assisting Information Network Criminal Activities

摘要: 随着信息网络犯罪的不断发展，帮助信息网络犯罪活动罪在司法实践中的适用日益增多，但围绕该罪主观“明知”的认定及量刑标准仍存在较大争议。司法实践中往往将“应当知道”或“可能知道”纳入“明知”的范围，导致主观要件被过度扩张，同时在量刑上过度依赖支付结算金额与违法所得数额，造成量刑标准不统一。本文在刑法教义学框架下，对帮信罪“明知”的内涵、对象范围及其司法认定进行系统分析，并结合相关判例对量刑问题进行考察。本文认为，“明知”应限缩解释为“明确知道”，其对象应为符合刑法分则规定并达到罪量要求的犯罪行为。在量刑方面，应加强对行为人主观恶性及具体情节的综合评价，并进一步明确罚金刑与缓刑的适用标准，以实现帮信罪适用的规范化与合理化。

Abstract: With the rapid development of cybercrime, the crime of assisting information network criminal activities has been increasingly applied in judicial practice. However, considerable controversies remain regarding the determination of the subjective element of “knowing” and the standards of sentencing. In practice, situations such as “should have known” or “possibly knew” are often included within the scope of “knowing”, which leads to an excessive expansion of the subjective element. Meanwhile, sentencing decisions tend to rely heavily on objective factors such as the amount of payment settlements and illegal gains, resulting in inconsistencies in sentencing outcomes. Under the framework of criminal law dogmatics, this study analyzes the connotation, object, and judicial determination of “knowing” in this offense and examines sentencing issues through relevant judicial cases. The paper argues that “knowing” should be restrictively interpreted as “actual knowledge”, and its object should be criminal acts that meet both the statutory crime types and the required quantitative thresholds. In terms of sentencing, greater emphasis should be placed on the offender’s subjective culpability and specific circumstances, and clearer standards for fines and probation should be established to promote consistency and rationality in the application of this offense.