Expansion and Limitations of Criminal Law in Preventing and Controlling Cybercrime
The goal of preventing and controlling cybercrime has led to the continuous expansion of criminal law.A typical issue at present is how to rationally understand and adjust the prevention and control function of the crime of assisting with information network criminal activities and its limits.Given the explosive growth in the number of prosecutions for the crime of assisting with information network criminal activities,it should be recognized that the establishment and application of the crime is basically in line with criminal justice,though certain adjustments are necessary.First,the judicial handling of the crime of assisting in information network criminal activities basically adheres to the principle of legality,where the types of assisted behaviors fall within those specified by criminal law.This balances the need to respond to the risks of cyber society with the need to satisfy the citizens'predictability,representing the latest trend in applying the principle of legality in cyberspace.Furthermore,according to the concept of proportionate punishment,assessing a crime based on its severity should not solely focus on the potential penalty but also consider whether the crime label is appropriate and fully evaluates the nature and harm of the assisting behavior.When assisting multiple types of criminal behavior,identifying it as this particular crime is more appropriate and comprehensive,though it may require the introduction and alignment of statutory penalty ranges.Finally,in terms of procedural justice,the objective seriousness of the crime and the subjective element of"knowing"can be confirmed via strict procedures.However,in the context of the"explosion"of cases related to the crackdown on the"two-card crime"(referring to cybercrime involving SIM cards and bank cards),it is necessary to adjust the standards for criminalizing offline assisting behaviors related to"two-card crime".
Crime of Assisting in Information Network Criminal ActivitiesNo Penalty without a LawProportionate PunishmentDue ProcessTwo-Card Crime
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