Research On The Interpretation Limits Of Cybercrime Criminal Law

The limit of criminal law interpretation on cybercrime is a theme that has both theoretical and practical values.Scholars are focusing on this theme.Both rethinking the limits of cyber criminal law interpretation and reshaping the basic framework of the limits of criminal law interpretation on cybercrime are in the key scope of cyber criminal law research.Three relationships need to be emphasized when facing the limits of criminal law interpretation on cybercrime.The first one is the relationship between the type of cybercrime and the type of the limits of criminal law interpretation.The second one is the relationship between the criminal law interpretation’s normative purposes and its restraint mechanisms.The third one is the relationship between the facts of cybercrime cases and criminal norms.Emphasizing three relationships,the paper will logically explore these considerations from practice to theory to practice and then provide proper solutions.In addition to the introduction and conclusion,the paper is split into five chapters.Chapter 1 shows the expansion trend of criminal law interpretation on cybercrime and its problems.The expansion trend of criminal law interpretation on cybercrime includes the expanded interpretation of concepts of criminal law,administrative elements of criminal law and miscellaneous provisions of criminal law.Excessive criminal law interpretation on cybercrime will mainly bring about two facets of problems which are the failure of evaluating other law’s regulatory effects and the challenge to the principle of legality.The dilemma in one cybercrime’s legal interests involves abstract and unshaped legal interests,as well as the tension between individual legal interests and collective legal interests.Chapter 2 proposes a theory of distinct limits of criminal law interpretation on cybercrime.The theory of distinct limits of criminal law interpretation includes the largest restrictive limits of interpretation,the general restrictive limits of interpretation and the finite expanded limits of interpretation.The reason is that plenty of types of cybercrime should be taken into considerations.How we see distinct limits of criminal law interpretation faces many problems excessive criminal law interpretation on cybercrime brings about,combined with criminal law interpretation’s common reasons and cybercrime’s characteristics.Chapter 3 analyzes the legitimacy of the theory of distinct limits of criminal law interpretation on cybercrime.As for the basis of criminal policy,lenient criminal policy matches the largest restrictive limits of interpretation.Moderate lenient criminal policy matches the general restrictive limits of interpretation.Moderate severe criminal policy matches the finite expanded limits of interpretation.As for the foundation of notions,on one hand,it is time to strike a balance between modesty principle and preventive principle.The Modesty principle is a basic one and the preventive principle is a supplementary one.On the other hand,it is essential to deal with the relationship between the purposiveness of criminal law and the stability of criminal law.Purposive Restriction needs to be taken seriously,while as one of the restraint mechanisms,the stability of criminal law also needs to be strengthened.As for the prudent functionalism concerning criminal law interpretation on cybercrime,it involves not the only methodology of teleology but various restraint mechanisms.Chapter 4 offers a path to the theory of distinct limits of criminal law interpretation on cybercrime from a dogmatic perspective.In a macro path,based on varying degrees of definiteness,it may be applied to the largest restrictive limits of interpretation,the general restrictive limits of interpretation and the finite expanded limits of interpretation.In a medium path,as for collective legal interests in one cybercrime,its criteria need to be reshaped.Concreteness,humanism and subordination herein are three main criteria.Legal interests in one cybercrime need to be adjusted differently because they have different impacts on criminal interpretation.Take legal interests in data for example,CIA Triad can be used to interpret the cyber criminal law,when it comes to ontological data security in one cybercrime.The right to individual data decision-making has a special impact on the restrictive interpretation of the crime of infringing upon personal information of citizens when it comes to data rights in one cybercrime.An act will be punished by the criminal law if there are fundamental rights and significant risk or real and imminent danger when it comes to functional data security.The interpreters can interpret the cyber criminal law by connecting the criminal law and preliminary law as well as balancing interests when it comes to various legal interests on data.As for traditional ways of criminal law interpretation,the literal interpretation,the systematic interpretation,the purpose-driven restrictive interpretation and the constitutional interpretation can be applied when interpreters face most cybercrime cases.Chapter 5 focuses on how cyber technology influences the criminal law interpretation of cybercrime.Facing new cybercrimes relying on specific cyber technology,the paradigm of interpretation combining cyber technology and types of norms is proposed.The hallmark of this paradigm is a transfer from the population of cyber technology to the regularity of specific crime at the judicial level.Under the governance of cyber realism,this paradigm emphasizes 4 elements: first,the criminal penalty should not precede preliminary law.Second,criminal law is not a specific tool used to protect cyber rules.Third,criminal law should not unduly interfere with market mechanisms.Fourth,criminal law cannot interrupt the effectiveness of technical means.Take data scraping by crawlers for example,code mechanism controlling access and public degrees and contents of data scraped by cyber criminals should be taken into consideration.Given this it is proper to evaluate the essence of cyber technology,anti-spider protection efficiency,the nature of data scraped by cyber criminals and economic loss to analyze the limits of criminal law interpretation of the national first case of illegally accessing a computer information system to obtain the data.