Social Sciences in China (Chinese Edition)

No. 1, 2026

On the Objective Approach to Determining Intent in High-tech Crimes

(Abstract)

Gao Wei

Traditional models of intent determination conceptualize intent as a psychological entity and adopt a subjective approach centered on identifying cognitive and volitional elements. High-tech crimes, however, differ from traditional crimes in their technological interconnectedness, decentralization, cumulative effects, and concealment, creating significant theoretical challenges for applying conventional intent frameworks. Addressing these difficulties requires reexamining the distinct ontological assumptions underlying intent in high-tech crimes and establishing the ontological status of intent as an institutional fact, thereby justifying an objective approach to its determination. From this perspective, the evidentiary basis of intent determination should be confined to objective elements. On this basis, assessing these elements calls for a comprehensive evaluative method guided by typological thinking, so that, across different cases, the combination of evidentiary materials consistently serves the realization of normative purposes.