网络犯罪的刑法法益确定及其量化分析

The Identification and Quantificational Analysis of Criminal Legal Interest in Cyber Crimes

网络时代的到来使得犯罪"地域"得到极大扩展,网络领域需要《刑法》加以制裁的危害行为日趋增多。当前《刑法》规范条文在面对繁复的危害行为时表现出入罪条文供给上的不足,使得现行《刑法》条文体系中除却已显滞后的若干涉及计算机犯罪罪名需要扩大解释外,与网络危害行为后果相关的传统罪名亦需要及时更新内涵。在这两种路径中,网络犯罪基本可分为对象性、工具性、独立空间性三类。确立三类犯罪行为的各自法益,不但在应对涉网络危害行为的犯罪分类上具有类型化意义,在量化评估上也可为网络犯罪行为刑事制裁提供量化依据。

The era of internet has extensively broadened the space where crimes take place, which has led to a gradual increase of the cyber-space offenses that necessitate the punishment of Criminal Law. Currently, Criminal Law is relatively short of conviction articles in facing various offenses. Therefore, it it imperative not only to give extensive interpretations on computer-involved crimes, but also to update timely the meanings of traditional crimes related to damage consequences caused by online dangerous activities. Cyber crimes can be roughly categorized and the legal interests can also identified accordingly, which not only helps classify web-facilitated crimes, but also provide criminal judgement and punishment on cyber crimes with quantificational accordance.