Practical Issues,Jurisprudential Reflection and Optimisation of the Misdemeanour Governance Model of Cybercrime
The outstanding technological characteristics of cybercrime have unleashed the full strengths of the mis-demeanour governance model in the field of cybercrime governance.This advantage helps to make up for the shortcom-ings of the traditional criminal law governance model and classical criminal law theory in cybercrime governance.Howev-er,there are still many problems in the implementation of the misdemeanour governance model.At the level of convic-tion,some judicial officers have the problems of excessive application of undercover offences and expansive interpreta-tion of the constitutive elements of crimes,which may break through the modesty of criminal law and violate the princi-ple of the law of crimes and penalties.At the level of sentencing,the influence of the traditional concept of heavy pun-ishment and the absence of light punishment measures could easily lead to the application of the misdemeanour model of governance in a way that is contrary to the policy of leniency and severity.In view of this,we should review the cy-bercrime misdemeanour governance model and explore its optimisation path.In the processof applying the misdemean-our governance model,judicial personnel must abide by the principle of the law of crimes and punishment,strictly de-termine the constitutive elements of crimes,implement the policy of mutual leniency and give full play to the effective-ness of lenient penalties,with a view to enhancing the overall effectiveness of the governance of cybercrime in the con-text of the modernisation of the rule of law.
misdemeanour governance modelcybercrimeprinciple of legalityleniency policy
NETL
NSTL
万方数据
