Research On Criminal Law Regulation Of Network Crime

Under the background of global informatization,cyber crime breaks through the limitation of geography and national boundaries,causing serious harm.Take the concept of network crime as the definition of methodology.According to the standard of whether the implementation behavior can only take the implementation of network behavior as the standard,the network crime is classified into pure network crime and impure network crime.The governance of network crime faces the following problems: the attitude of each country to the dark network is not consistent,and the governance is difficult;the law of cyber crime is still lagging behind due to the intergenerational evolution of cyber crime;subject diversification in cyber crime;the emergence of new network subject.In terms of the theoretical structure of network crime regulation,the criminal boundary of freedom of speech needs to be judged from the provisions of the constitution that freedom of speech is the basic political rights of citizens,and its constitutional value should be taken as the guidance for interpretation.The debate on negative and positive criminal law legislation views is analyzed from the relationship between criminal law and criminal policy,from the perpetrator's criminal law and behavioral criminal law,from criminalization and decriminalization.It is necessary to reform the light punishment,change the negative effect of crime,and adopt the crime stratification system.At the same time,we should pay attention to the protection of rights according to the change of social situation,so as to make criminal punishment and administrative punishment connect,and establish a strict but not severe criminal law system.The specific criminal regulation of network crime needs to be based on legal interests,with the basic position of modesty and restraint of criminal law,guided by the development of network society and the situation of crime,taking judicial interpretation as the front path,and making legislation light crime and light punishment as supplementary path.The judicial application of specific charges should be imputed to different subjects from the attributes of accomplice,misdemeanor,clear obligation basis and behavior type.