Proof Problem of the Amount of Cybercrime and Their Countermeasures
In China,the proof problem of the amount of Cybercrime is different,but it can be divided into two types:evidence shortage type and mass evidence type.The deep reason of this kind of proof problem lies in the fact that the network of traditional crime externally aggravates the proof difficulty of crime amount,the special settings of the traditional legal norms on the object,mechanism and type of proof inherently restrict the judicial personnel's proof activities.In order to solve the proof problem of the amount of Cybercrime,the policy-makers extend the elements of conviction and sentencing and set up the comprehensive cognizance,the rules of presumption,the sampling verification.However,this kind of stress coping style may not only erode the effectiveness of legal regulation,but also lower its effectiveness.To solve the proof problem of the amount of Cybercrime,we need to review the underlying logic of solving the proof problem of the amount of Cybercrime.We should establish a two-level solution to the proof problem.The first level mainly starts from the proof mechanism,optimizing the proof mechanism of the amount of Cybercrime,and clarifying the independent status and application rules of the algorithm evidence.In cases where the first level of the scheme is still unable to solve the proof problem of the amount of Cybercrime,a second level of special response,which mainly includes adjusting the type and proportion of the amount of Cybercrime in the elements of conviction and sentencing,set rules of presumption carefully and limit their application.
the amount of crimecybercrimeproof problemalgorithm evidenceproof standard
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维普
