Norm Review and Legal Adjustment of Judicial Application of Pure Cybercrime
The judicial application of three pure cybercrimes not only raises issues regarding the nature of these offenses and the delineation between them and their associated offenses,but also induces controversial"pocket crime"and the risk of"different sentences for the same case"due to the lack of clarity in specifying the typology and overlapping coverage.To alleviate the regulatory dilemma of cybercrime,this paper proposes specifying the legal benefit of pure cybercrime as cyberspace public order,and adopting a unitary approach to distinguish pure cybercrime from"their associated offenses".At the same time,the exclusive regulatory scope of these three offenses should be limited to their three constituent elements from both the subject of the act and the type of act.
cybercrimeindependent offencethe legal benefit of cyberspace public orderunitary approach
万方数据
维普
