Way to Perfect Incriminating Standards of Illegal Use of Information Network Crime
The crime of illegal use of information network mainly includes three criminal criteria,that is,type of behavior,illegal criminal activities and gravity of the circumstances.The Interpretation on Several Issues Concerning the Application of the Law to Criminal Cases such as Handling Illegal Use of Information Network and Helping Information Network Criminal Activities has clarified the criminalization standard of the crime of illegal use of information network,but there are still difficulties in judicial application in practice.The im-provement path of the criminal standards of illegal use of information network crime should optimize the three standards respectively:limiting the interpretation of"standard one—behavior types";adhering to and improv-ing the theory of"partial illegal+crime"in"standard two—illegal criminal activities";adopting comprehen-sive and substantial identification to realize the correct application of the crime of illegal use of information network in"standard three—gravity of the circumstances".
illegal use of information network crimetype of behaviorillegal criminal activitiesgravity of the circumstancesincriminating standard
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