Predisposition Of Criminal Law Intervention In Cyber Crime And Restriction

As public demand for rapid growth of network security and risk control,gradually in our country criminal sanctions will be used as a tool of governance network space,the method of criminal law’s attention from the real profit violation to control the highly dangerous cyber risk.Under the influence of such ideas,the time of criminal law intervention in the field of cyber crime has been advanced again and again,and criminal legislation and justice have already appeared the trend of pre-intervention.In terms of criminal legislation,on the one hand,new charges of cyber crime are set up in the existing criminal code by legalizing the aiding behavior and preliminary of the cyber crime.In criminal judicature in order to deal with the increasingly complex cyber crimes,the judicial authorities expand the interpretation of the relevant provisions of cyber crimes,and bring the new targets and behaviors of cyber crimes into the scope of punishment of criminal law.It is easy to find that adding a new accusation of cyber crime to realize the expansion of cyber crime charge system,modifying existing charges of network crime to expand the scope of criminal punishment and expanding the interpretation of relevant provisions of network crime have already formed the technical path of perfecting criminal law intervention of cyber crime.The country hopes to strike and prevent the crime,and then build the consensus in cyberspace.Cyber crime on the virtual network,it has the characteristics of concealment,virtual and anonymity.China has a tradition of legal instrumentalism.But active general prevention of law cannot been proved by our research.And we cannot build the normative consciousness of the public in cyberspace by adding criminal charges.Now the criminal law may have emerged to risks of injury to the citizens’ personal freedom.On the limitation of interpretation of Criminal Law,the difference between rational expanding interpretation and analogizing interpretation.On legislation,adhere to the legislation idea of prudent expansion,network data security as the core to build reasonable system of network crimes.In judicature,the pre-legal protection is the priority to improve the threshold of criminal law,give play to the status function of criminal law to guarantee the law,at the same time to build a perfect mechanism of crime,through both ends of the crime and crime to achieve the judicial limit in the cyber crime.