In recent years,the criminal law interpretation of cybercrime cases has shown a tendency to expand,with the expansion of constituent elements,pre-administrative regulations,and fallback clauses exceeding necessary limits.The substantive division should be based on the degree of alienation of cybercrime,and different types of cybercrime should be subject to different criminal law expansion interpretation limits:maximum control should be exercised over the expansion interpretation of quantitative cybercrime,and expansion interpretations that violate basic principles should be prohibited;expanding the explanation of qualitative changes in cybercrime by appropriately controlling the constituent elements of substantive evaluation and changes in illegal behavior patterns;carefully assess the transformation of cybercrime.We should establish a network crime judgment method that focuses on categorical constraints and is supplemented by equivalence judgments.At the same time,we should play a guiding role in case studies,establish a list of typical non-criminal offenses,and form a comprehensive mechanism for excluding cybercrime from multiple aspects.
cybercrimeinterpretation of criminal lawthe expansion trend of criminal lawcategorical constraints
维普
万方数据
