Abstract:
Since its establishment, the crime of facilitating criminal activities of information network has encountered significant challenges in both theoretical definition and judicial practice. Traditional accomplice liability theories cannot adequately account for the complex manifestations of such offenses in cyberspace, which has resulted in the indiscriminate application of this charge. This study re-examines its judicial application from a functionalist interpretation of China’s criminal law. It proposes delineating the scope of subjective knowledge and standardizing the assessment of objective facilitation. Furthermore, it suggests demarcating the boundaries of crimes and establishing reasonable standards for serious circumstances. Therefore, these measures can offer a fresh perspective for resolving the current judicial dilemmas, which contributes to the organic unity of legal and social effects.