Research On The Applicability Of Presumptive Rules In Cybercrime Proof

As a method of fact finding,criminal presumption is an important part of criminal procedure law and substantive law.Cybercrime often involves a large amount of cases,and the suspects and defendants usually use virtual identity to commit crimes,which has the characteristics of spatial virtuality,science and technology,cross regional and so on.This makes it difficult to avoid conflicts with the clear and precise evaluation system of criminal law in the process of proving cybercrime cases,especially for the identification of criminal suspects and defendants,the identification of subjective responsibility and the amount involved.Therefore,the existing laws and regulations show that the presumption rule can be used to solve the problem of cybercrime proof.However,through the analysis of relevant laws and regulations and cases,it is not difficult to find that,at present,the application of presumption in the proof of cybercrime is imperfect and nonstandard at the level of legislation and judicial practice.Therefore,it is necessary to further explore the application path of presumption in the proof of cybercrime,so as to make its application more standardized and reasonable.This paper is divided into five chapters,the full text of more than 40000 words.The first chapter is the introduction,including elicit questions and literature review.The second chapter mainly discusses the necessity of the application of presumption rule under the background of the difficulty of proving cybercrime.First of all,this paper explains the general concept of presumption,and then explains that it is reasonable to apply the presumption rules in the field of criminal procedure in combination with relevant theories,and then explains the necessity of applying presumption in the proof of cyber crime by explaining the practical difficulties of proving cyber crime.The third chapter is a summary of the legislative and practical status of presumption in the proof of cybercrime.Mainly through the form of tables to sort out the existing laws and regulations and typical cases,and summarize the characteristics of relevant laws and regulations and related cases.The fourth chapter mainly discusses the application of presumption in the proof of cybercrime.Through the further analysis of the present situation of presumption application in the previous chapter,it can be concluded that the application problems of presumption in the network proof mainly include the following aspects: first,the legal terms of the presumption rules of cybercrime are not standardized;second,the protection of the rights and interests of the defendant is lacking;third,the specific application norms of the presumption rules are lacking.The fifth chapter is to explore the applicable path of presumption in the proof of cybercrime.In view of the existing problems,we can improve the application of presumption in the proof of cyber crime by standardizing the relevant legal terms,improving the start-up,refutation and adjudication procedures of presumption rules,and establishing the specific applicable norms of the presumption rules of cyber crime.