Research On The Judicial Path Of Cyber Crime

There has been 22 years since the emergence of internet in China.The network plays a role of the information exchange and media,and builds a basic platform for life and work.At the same time,because the cyber crime has the advantage of low cost and high profit,it has been used as the objects,means and platform by more and more criminals.Both in theoretical fields and practical fields,the path choice of criminal regulation on cyber crime has become an important research field of cyber crime currently.It has become a distinctive theme of the times,how to effectively play the function of criminal regulation on the cyber crime,so as to establish a benign ecological environment of network.However,because the research field of criminal law has always been the ideal aspect of normative criminal law,while they ignore the research on the criminal norm and practical operation from the actual aspect,therefore even if nine amendments to the criminal law have been introduced-the expansion type of criminal provisions,still cannot effectively prevent the new crimes such as cyber crime.The focus of replying the criminal law of cyber crime should be based on the judicial,that is,the research of judicial for cyber crime,and the improvement of the judicial path of cyber crime firstly needs to face the problem that is the concept of cyber crime under the normative criminal law system.That is,under the premise of understanding the crime of cyber crime,it defines the characteristics of the cyber crime by the meaning of normative criminal law,and then put forward a practical classification of purely cyber crime and impure cyber crime.Then,the paper analyzes criminal law to deal with the cyber crime.It combs opinion to transfer the vertical interpretation path of traditional theory of criminal law and lateral legislative path with the legal protection as the core,push active judicial path of judge interpretation.But the pre-two coping paths did not focus on the accurate analysis of the types of cyber crime,failing to pay attention to the cost of transforming the traditional criminal law theory and the perfection of the existing cyber crime legislation system,and failing to pay attention to the many problems is the practice of criminal law practice,so it can not effectively solve the serious problem of cyber crime in current.Therefore,the author takes judicial center as the research perspective,faces the important role of the judge group in the process of referee case,and attaches importance to the explanation of the judge's norm in criminal law and the type deconstruction function of case fact.Through the typical analysis of cyber crime,the paper clarified the urgent demand of the cyber crime in judicial practice,to realize the convergence of theoretical research and judicial practice,enhance the guiding significance of the theoretical study to judicial practice,to play the regulating role of judges in criminal law norms and case facts,to better punish and prevent implementation of cyber crime further,to promote the better development of crime governance in cyberspace.Specifically,the cyber crime is just the transformation of traditional crime in the network era,so it still should take the traditional theory of crime as the center,and take the hazard measurement theory as the measure scale.On the relationship between cyber crime and traditional crime,it can be divided into the type of cyber crime in the traditional crime,the quantitative cyber crime and the qualitative cyber crime.Through the new interpretation of regulation path about the cyber crime,the paper finally put forward the new regulation ideas in the aspect of the Judicial Practice,the interpretation ideas of criminal law,the library of cyber crime and the system of Guaranteeing the Judicial practice path,so as to formulate effective Judicial path of cyber crime.