Research On Judicial Identification Of Illegal Business Crime In Network Environment

With the rapid development of network information technology,the Internet has changed people’s traditional communication mode and behavior habits in physical space.There are also new business transaction models such as online transaction,online purchase and online payment in the traditional business industry.Although the development of the network has brought great benefits to mankind,the network environment has also become more complex and new phenomena have emerged,which involve the use of information networks to promote the implementation of online operations,suchas "gameexternal","credit card cash","brushingorders" and other complex criminal acts,which not only destroy people’s way of life,but also seriously destroy the society The order of the market economy,they also cause the "illegal operation crime" and the academic theory problem which are concerned and discussed in the legal practice.This type of crime is more threatening and harmful than traditional crime.Especially with the rapid development and application of Internet big data and artificial intelligence,cybercrime is not only limited to traditional crimes in cyberspace,but also the pattern of crime is constantly changing,and the number of crimes is constantly updated.And there are some incredible and heinous new crimes.These new criminal patterns are combined with the alienation behavior of traditional criminal networks,and compared with traditional crimes,they have undergone great changes in criminal behavior and criminal objects.At the judicial level,this not only makes it more difficult to investigate and deal with cases,but also increases the problem of establishing criminal justice Law is a challenge.The vagueness and uncertainty of the link between the behaviour of this new pattern of crime and the allegations of new types of cybercrime not only pose a certain degree of difficulty for judicial authorities to combat such crimes,but,mostimportantly,intheory,also create cognitive barriers to people’s expected judgments and regulatory warnings,and it is impossible to identify precisely which cyber-actions are subject to criminal law and how to avoid them.Therefore,the accurate identification and evaluation of the behavior and scope of the new cybercrime at the objective level is not only a legislative problem facing the current criminal law,but also an urgent need to solve it at the expected legal level Questions.According to the new situation of the network environment,under the objective condition that the legal system lags behind the real life,this paper combs and analyzes the typical cases in recent years,guides the topics of "infringinginterests","violating national laws and regulations" and "seriouscircumstances" of the crime of illegal operation,and considers the theory and practice,and puts forward some suggestions to solve the problems in the judicial determination of the crime of illegal operation in the network environment.