The Stability of Law and the Renewal of Type Thinking in Criminal Law--From the"Type Dispersion"in the Digital Era
The types of crimes in the digital era are increasing day by day,which provides the basis for negating the rigid conceptual thinking,but also generates the phenomenon of type dispersion,which brings impacts and questions to the type thinking.The phenomenon of type dispersion originates from the openness of the nature of types,which refers to the mutual proliferation of elements between types,resulting in the phenomenon of"you have me and I have you",i.e.,the phenomenon of excessive type ambiguity.Type dispersion will hinder type thinking to accurately understand and update types,making type thinking fall into a formal crisis of legitimacy again.Under the guidance of the principle of legality of crime and punishment,it should be recognized that type thinking is a form of thinking that accords with the legality of crime and punishment and conforms to the cognitive law of criminal law,and further emphasizes that the legality of crime and punishment is the stability of types.Based on the consideration of type stability,we should give full play to the image guiding role of statutory law,expand the scope of criminal statutory law,establish a people-oriented dogmatic standpoint,understand and explain types from the overall relationship of individual nature and then take negative prevention and positive retaliation as the purpose of criminal policy to guide the opening and renewal of the types of elements.
Type Thinking TypesType DispersionLegality of Crime and Punishment
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