An Examination of the Nature of"Criminalization of Preparatory Acts"in the Crime of Illegal Use of Information Network Based on Legal Interests
In the face of the increasingly severe network illegal and criminal activities,criminal legisla-tion from the perspective of preventive criminal law has shown a trend of positive expansion.The in-troduction of the crime of illegal use of information network,characterized by the"criminalization of preparatory acts",has been widely recognized.This legislation aims to advance the point of criminal law intervention by independently penalizing preparatory cyber activities to protect legal interests.However,this"criminalization of preparatory acts"in cybercrime legislation also exhibits a new char-acteristic of appropriate expansion towards downstream acts in both norms and practice,directly cau-sing related issues in the application of charges and theoretical considerations.In response,we should consider the characteristics of the cyber age and clarify that this crime is to directly protect the ab-stract and independent collective legal interests of cyberspace order by regulating cumulative danger-ous acts,and on this basis,ultimately lead to the protection of legal interests aimed at downstream acts.From the perspective of the dualism of legal interests,the expansive aspect of this crime should be justified by the legislative critical function of collective legal interests,which has a constitutional foundation and emphasizes the positive protection of social security interests.Conversely,this should be restricted by the interpretative regulatory function,which requires demonstrating a substantial in-fringement of independent collective legal interests.Additionally,we should adhere to the principle of criminal law as the last resort,supplementing the limitations of its auxiliary legal interest protection,thereby providing annotations for corresponding norms and theories.
crime of illegal use of information networkcriminalization of preparatory actspreparato-ry offenselegal interest theorycollective legal interest
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