The Research on Criminal Law at the Age of Network Crimes: Retrospect and Prospect

The development of criminal law at the age of network crime can be summarized as three main parts: active legislation, expansionary judicial model and swinging theoretical path. At the age of network crime, the criminal law response is based on the extension of effectiveness; the institutional supply of the legislative body is effective; the connection of the judicial mechanism is orderly; the release of the potential is adequate, and the network-oriented transformation of theoretical research is increasingly "enlightened". However, it also faces institutional difficulties such as the effectiveness of legislation and restraint, the high risk of expansive interpretation and the institutional delay of network knowledge transformation. The core issues such as the basic ideas of the legislation in the network era, the key points of revision and the concept of the criminal code in the Internet era should be further promoted to push the legislative reform so as to ease the tension of judicial expansion. More importantly, it is necessary to expand the knowledge transformation orientation of criminal law for network crime, focus on the basic stance that keeps pace with the times and give priority to the basic categories of the network criminal law crime, and accelerate the reconstruction of the ontological elements, such as the cybersecurity legal interests and subjects, behavior, sanctions, and quantitative systems.