| With the momentum of the rapid spread of network crime,take the basic strategy of"playing it as early as" crime on network,the network crime is still in the preparatory stage of individual crime punishment.The illegal use of information network is the trial of the perpetrators attempted to conduct the implementation of other crimes and the information network as a communication tool or the condition of crime the behavior of people who use the information network is the implementation of other crimes.The means of information content,the subjective purpose of illegal behavior,showing."Criminal" refers only to "crime".The illegal use of information network exists only in the direct intentional crime,subject to generalized network service providers,only for the convenience of self behavior Has been practiced and the implementation of crime preparation behavior,and does not include the convenience of others.After reflection on the legislation of criminal punishment,will lead to crime provisions cannot solve the legal punishment of the preparatory crime according to the legitimacy problem.Prepare behavior makes two boundaries up just a form of discrimination,illegal judgment be weakened.Understand dangerous crime theory not only makes sense from the accomplishment,crime theory and the crime stop shape theory of contradiction,and derived the same crime there are two standard of accomplishment of the phenomenon;the danger was established as the standard of accomplished crime makes the principle of dangerous criminal punishment of attempted to become possible.The criminal law severely.The improper dangerous crime as a crime type,and the specific provisions to the calibration crime patterns on track,can not only clarify the relationship of crime and crime,and the criminal law of our country for the unfinished form of crime punishment principle and specific legislation is fully respected,the relationship between crime and the crime can be accurately judged,the difficulties to digestion. |
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