Examination and Reflection on the Application of Penalties to Assistive Information Network Crime Activities:an Empirical Analysis Based on 519 Samples
Cybercrime differs from traditional criminal offenses in terms of criminal space,criminal mode,and criminal pattern.It brings new challenges and tests to the application of punishment.Assistive information network crimes,as an emerging type of crime,faces controversies in terms of criteria for criminalization,penalty application,and differentiation from other crimes.This study conducts a descriptive analysis of penalties and sentencing factors related to assistive information network crime activities,confirming a significant increase in the degree of leniency in penalty application.Through binary logistic regression and ordered logistic regression on six key sentencing factors in relation to penalties,it is confirmed that probation is mainly influenced by confession and repentance,criminal records,administrative violations,restitution of illegal gains,and the proceeds of crime will exert supplementary impact.The length of sentence is primarily affected by the criminal statement and proceeds of crime,while fines are mainly influenced by confession and repentance,which is supplemented by proceeds of crime criminal and statement.The empirical research indicates that some sentencing factors of this crime have insufficient effects,the goals of penalties are not well achieved,and there is still significant judicial pressure.To address this dilemma,establishing a model that connects sentencing and execution may be a viable solution.
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