Research On The Intervention Of Criminal Law In The Early Stage Of Cyber Crime

The early intervention of criminal law in cyber crime refers to that in the field of cyber crime,the country moderately expands the punishment degree and scope of criminal legislation in order to protect relevant legal interests in the field of cyber crime.Compared with other countries,the criminal legislation in the field of network in China started late,with only more than 20 years of legislative and judicial interpretation.However,in the context of network security risks,potential threats and various kinds of cyber crimes,it is necessary for the criminal law to intervene in this field in advance.It is in this context,in view of new features of the development of cyber crime in our country,with the new,expansion of indictment,shows a certain tendency of early legislation,through carding the charges,mainly embodies in the extension of network crime,criminal subject,the setting of network crime abstract dangerous crimes,the network crime preparation behavior practice,help to cyber crime behavior crime.The current legislation in China plays a positive role in curbing some new cyber crimes,and it has the same trend as the criminal legislation in this field in some countries outside the region,which is also an inevitable trend based on the reality of China.Currently,the early intervention of criminal law are controversial both in academic and practice fields.On the one hand,opponents believe that the early involvement of cyber crime criminal law violates the modesty of criminal law and the existing risks cannot be prevented by the regulation in advance.On the other hand,supporters believe that the early intervention of criminal law in cyber crimes can prevent crimes and protect the interests of the public,which is benefit to the development of cyberspace.There is no denying that the early intervention of criminal law in cyber crimes has both advantages and disadvantages.However,no matter from the legislative experience at home and abroad,the mainstream view of the academic community or the reality of China,it is necessary to intervene in the early stage of cybercrime,which is consistent with the concept of criminal development in China.It can give play to the positive prevention function of criminal law,and also achieve better protection of human rights.When criminal legislation fights against cyber crimes from the source,it is certain that it can actively prevent the occurrence of cyber crimes to some extent,but at the same time,some legislative problems have been exposed,which have brought difficulties of application to judicial practice,so that better research and improvement are needed.We should keepstrengthening the basic principles,legislation with a certain foresight and coordination.Adhere to the clarity of criminal law and the principle of the balance of crimes and punishments.Aiming at the early involvement of criminal law in network crime is not deep enough,the charges are lack of coordination,the language is not clear enough and the setting of crime and punishment is unbalanced.In order to further promote the early intervention of criminal law,to make the system of charges more coordinating,the statement of charges more expliciting,and the setting of charges and punishments more balanced.