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Zhang Pingshou, Criminal Regulation Concerning the Huge Number of Objects Calculated in Cybercrime

source:法学院   The author:法学院   time:2021-01-08

Abstract: The judicial interpretation documents of China take the number of objects calculated such as the object of the crime, the harmful act, the consequence of the damage,the persons involved into account in determining the conviction and sentencing according to the different nature of specific cybercrime. However, the trend of increasing quantity of relevant objects calculated in judicial practice is making the fact find-ing and criminal treatment of cybercrime be full of troubles,for example,the huge number of objects chal-lenges traditional criminal proof mode of corroboration; the difficulty in refuting the objection to the calcula-tion leads to the inability of the prosecution and the defense to provide evidences; the easily breaking through of the standard of conviction and sentencing leads to the expansion and severity of criminal punish-ment; it is difficult to establish reasonable rules on calculation fact finding. Based on the practical difficul-ties caused by the huge number of calculated objects of Cybercrime to judicial treatment, it is necessary toset forth the rules applicable to its treatment in terms of proof method, proof standard, penalty application,conviction conditions and so on, by taking into account the provisions in criminal legislation and existingpractical experience and on basis of the dual perspectives of order maintenance and human rights protection. These rules concretely include that the generalized corroboration replaces the concrete corroboration of calculated objects in terms of the proof method; the proof of absolute preponderance of calculation facts is independent of the universal highest standard of proof; the lesser punishment in sentence makes up the unfavorable fact finding; the sole standard of number for aggravated legal penalty is changed as a standard of com-bining the number and circumstances.

Keywords: Cybercrime; Objects Calculated; Huge Number; Regulation; Path


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Academics &Research

Zhang Pingshou, Criminal Regulation Concerning the Huge Number of Objects Calculated in Cybercrime

法学院 · 2021-01-08

Abstract: The judicial interpretation documents of China take the number of objects calculated such as the object of the crime, the harmful act, the consequence of the damage,the persons involved into account in determining the conviction and sentencing according to the different nature of specific cybercrime. However, the trend of increasing quantity of relevant objects calculated in judicial practice is making the fact find-ing and criminal treatment of cybercrime be full of troubles,for example,the huge number of objects chal-lenges traditional criminal proof mode of corroboration; the difficulty in refuting the objection to the calcula-tion leads to the inability of the prosecution and the defense to provide evidences; the easily breaking through of the standard of conviction and sentencing leads to the expansion and severity of criminal punish-ment; it is difficult to establish reasonable rules on calculation fact finding. Based on the practical difficul-ties caused by the huge number of calculated objects of Cybercrime to judicial treatment, it is necessary toset forth the rules applicable to its treatment in terms of proof method, proof standard, penalty application,conviction conditions and so on, by taking into account the provisions in criminal legislation and existingpractical experience and on basis of the dual perspectives of order maintenance and human rights protection. These rules concretely include that the generalized corroboration replaces the concrete corroboration of calculated objects in terms of the proof method; the proof of absolute preponderance of calculation facts is independent of the universal highest standard of proof; the lesser punishment in sentence makes up the unfavorable fact finding; the sole standard of number for aggravated legal penalty is changed as a standard of com-bining the number and circumstances.

Keywords: Cybercrime; Objects Calculated; Huge Number; Regulation; Path