Cyber crime punishment border:In the perspective of criminal law principle of necessity
Tong Chun-ron
Abstract
Tong Chun-ron
Abstract
In the perspective of criminal law principle to the principle of people's position as the position,with common sense,common sense,natural for content,emphasis on citizens' human rights safeguard.So the criminal law principle of necessity from the criminal law should be some content trace on the border of network crime.The criminal law principle of necessity to reveal the subjective fault is the key to network crime into whether,the criminal law principle of necessity to reveal the network crime and traditional crime is the same.The criminal law principle of necessity of unified network crime of real consensus in order and human rights,subjective and objective,virtual and reality,harm and risk,the criminal law principle of necessity to the public will consider other laws can effectively adjust,and there is no criminal law adjustment,the corresponding legal system will be paralyzed,that seek assignment respectively,criminal reconciliation in the network crime and crime is not a crime gentle connection to use.In the crime and he sin,and families to felony and misdemeanor,the criminal law principle of necessity use emotional direct measurement of punishment to the public,and to make in the corresponding charges between punishment against conviction,to ensure the legitimacy of cyber crime boundary.
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In the perspective of criminal law principle to the principle of people's position as the position,with common sense,common sense,natural for content,emphasis on citizens' human rights safeguard.So the criminal law principle of necessity from the criminal law should be some content trace on the border of network crime.The criminal law principle of necessity to reveal the subjective fault is the key to network crime into whether,the criminal law principle of necessity to reveal the network crime and traditional crime is the same.The criminal law principle of necessity of unified network crime of real consensus in order and human rights,subjective and objective,virtual and reality,harm and risk,the criminal law principle of necessity to the public will consider other laws can effectively adjust,and there is no criminal law adjustment,the corresponding legal system will be paralyzed,that seek assignment respectively,criminal reconciliation in the network crime and crime is not a crime gentle connection to use.In the crime and he sin,and families to felony and misdemeanor,the criminal law principle of necessity use emotional direct measurement of punishment to the public,and to make in the corresponding charges between punishment against conviction,to ensure the legitimacy of cyber crime boundary.
Key concepts: Criminal law, Law, Theory of criminal justice, Criminal procedure, Political science, Conviction, Public law, Civil law (Civil law)