Dilemma and Outlet of Judicial Identification of Evil Force Crimes in Cyber-space:An Exposition Based on Homogeneous Interpretation
In the Internet era,the evil force crimes in cyberspace have shown the characteristics of loose orga-nizational structure,soft violence of criminal methods,and virtualized scope of harm,so that traditional con-ceptual thinking cannot properly identify this new type of cybercrime.In order to balance the protection of le-gal interests and the principle of legality,homogeneous interpretation should be used instead.Under the re-quirements of protection of legal interests,the typology of constitutive elements should be strengthened,based on the publicity of the scope of harm,the complicity of evil forces,and the substantive harm of soft violence methods,to accurately define the composition characteristics of the evil force crimes in cyberspace and pro-vide reasonable solutions to practical problems.
evil force crimes in cyberspacehomogeneous interpretationjudicial identification
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