The Criminal Law Of Chinese Cyber Crime In The Context Of Risk Criminal Law

The development of network technology has brought a new look to people's lives.At the same time,the network with characteristics of high concealment,centralization and global interconnection also creates the risk for the stability and harmony of human society.In this regard,on the basis of analyzing and compare the theoretical connotation of risk criminal law and network crime,the paper,this paper takes the theory of risk criminal law as the guidance and improve the relevant measures of criminal regulation of cybercrime in China.This paper first analyzes the relationship between the risk society theory and the connotation of the risk criminal law and clarifies the core status of modern risk as the object of the risk criminal law regulation.On the basis,this paper expounds the theoretical construction of the risk criminal law,clarifies the characteristics of the abstractness,earliness and proactive protection of the legal interest,and compares it with the criminal responsibility criminal law.At the same time,this paper also pays more attention to the connotation and characteristics of cybercrime clearly explains a series of concepts and definitions of information network,computer crime,network crime and so on,which provides theoretical support for the below analysis and demonstration.Based on the theoretical analysis of the risk criminal law and the network crime,this paper focuses on the agreement between the theory and the practice of the risk criminal law and the network crime.Through the logic line that network crime is risky,the the limitation of the crime and responsibility criminal law-the advantage of the theory of the risk of the criminal law",this paper states the rationality and necessity of guiding the introduction of the theory of risk criminal law in the regulation of network crime.In addition,by listing the relevant measures of all countries to regulate network crime in recent years,it summarizes the characteristics of the abstraction of legal interests,early prevention and proactive prevention,which provides a practical basis for the demonstration of the following points.Based on the reasonable analysis and practice basis of the risk criminal lawguidance on the regulation of network crime,it combines the current situation of China's legislation and judicial practice,sums up and combs the concrete measures of regulating the network typical criminal behaviors,the network neutrality helping behaviors,the specific measures of the network joint crime and the relevant judicial interpretation.On the basis of this,it summarizes and analyzes the main defects in the process of criminal law regulation in China,including the single legal interest protection,the lag of legal interest protection and neutral helping behaviors.In view of the above problems,the theory of risk criminal law guiding the regulation of network crime has the compatibility in theory and objective demands in reality.At the same time,as the A supplement to the exception to the criminal law,it should also adhere to the basic principles of modern criminal law.Based on this,this article first clarifies that in the context of the risk criminal law,must adhere to and strengthen the value of freedom and order,the principle of modesty of criminal law and the restriction of the principle of legality of crime and punishment.Under this premise,this article puts forward some suggestions for perfecting cybercrime from the perspective of risk criminal law.