Difficulties in the assessment of criminal evidence in the prosecution of online game cheating and the construction of evidence assessment system
Regulating online game cheating by computer crime charges is in line with the trend of protecting the legal interests in cyberspace security.In view of current challenges in computer crime charges,such as expert's inability in providing opinions on the preliminary technical issues,the divergence of opinion between technology expert and legal expert regarding the conduct of"intrusion and unauthorized access",the delayed electronic data forensics,and the obstacles to the application of the"technical measures"clause under the purpose limiting policy,it is necessary to construct a systematic and hierarchical evidence assessment mindset.Emphasis should be placed on technical evidence,such as electronic data and expert opinions to clarify the underlying logic of technical principles.In order to overcome technical measures'inherent difficulties,attention should be fixed on examining evidence elements by both positive and negative tests,which include the purpose and effectiveness of"installation-circumvention"of the technical measures,exceptions to the technical circumvention,and etc.By applying the aforementioned comprehensive methods,the legal status of specific criminal activities in the network will be identified,and thus a full approach to tackle such criminal activities will be established based on the determination of evidence,facts and legal status.By doing so,the expected purpose and effect of criminal law will be achieved.
Technical measuresElectronic dataPositive and negative testsEvidence assessment system
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