China’s Cybercrime Law And Criminal Law Protection Pre-chemicalization Research On Legislative Issues

The continuous innovation of network technology improves people’s quality of life,but it also leads to the rapid spread of cyber crime.The governance of cyber crime has become the core issue facing criminal law under the background of network society.At present,China’s measures to deal with cyber crime are mainly reflected in the criminal legislation.For the purpose of maintaining social security and order,the criminal legislation for cyber crime has been transformed from a " response" legislative model to a " forward-looking" legislative model.The scope of punishment for cyber crime has been expanded in various ways to protect legal interests that cyber crime may infringe upon in advance.However,whether this strong legislation can really deal with cyber crimes effectively remains to be discussed.This article combs the current situation of the pre-legislation of criminal law protection for cyber crimes in our country,finds the existing problems in the pre-legislation of criminal law protection,and thinks about the future development trend of criminal legislation for cyber crimes.The main content of the article is divided into four parts:The first part mainly introduces the theoretical definition of the legal term of criminal law pre-protection,and summarizes the performance of criminal law pre-protection of cyber crime in our country through combing the development of criminal legislation of cyber crime,which lays a foundation for the following discussion.The second part mainly evaluates the phenomenon of pre-legislation of criminal law protection in our country.It not only recognizes the role that this legislative model can play in the governance of cyber crimes,but also recognizes the legislative and judicial drawbacks of this legislative model.The third part summarizes the legislative experience of countries with mature legislation of cyber crime,and draws lessons from the successful legislative experience abroad in combination with the current social situation and legal norms of our country.The fourth part,through the reflection on the current pre-legislation of criminal law protection for cyber crimes,puts forward suggestions on the future development of criminal legislation for cyber crimes in China from macro and micro aspects.