Research on the Criminalization of Network Black Ash Production Activities
With the iterative development of network technologies such as cloud computing,big data,artificial intelligence,blockchain,etc.,a large number of cyber crimes are also emerging in an endless stream,and the division of labor of cyber crimes is becoming more and more refined,forming a black and gray industry chain of upstream,middle and downstream cooperation.As a new product of cyberspace,the diversity of its means and the complexity of technology have become one of the problems of criminal governance.The criminal regulation of the network black and gray industry chain should be correctly understood,grasp the legislative value and policy orientation of the new network crime,actively adjust the criminalization position of the network black and gray production activities,and introduce the new concept of"regulation"criminal law.The regulative criminal law is the adjustment of the functional view of the criminal law of cybercrime in the new era and the reshaping of the traditional criminal law concept.The sanctions after the criminal law is engaged in turn to the preventive regulation in advance,and the pre-law is constantly improved through the moderate expansion or limited interpretation of the judicial interpretation.Systematic and expansive legislation on the crime of new cyber black and gray production activities,clarify the unified standards for the application of criminal law,establish a hierarchical sanctions system and diversified sanctions,etc.,so as to propose a reasonable and effective criminal regulation path for the integration of cyber black and gray production crimes.
Internet black ash productioncriminalizationdoctrine of regulation
NETL
NSTL
万方数据
