论网络招聘侵财犯罪的刑法规制

On the Criminal Law Regulation of Property Infringement in Online Recruitment

随着互联网技术的日新月异,网络诈骗的犯罪形式层出不穷,网络招聘侵财犯罪的数量近年来激增。由于其在手段上存在隐蔽性,形式上存在合法性,类型上存在多样性等特点,导致网络招聘侵财犯罪的入罪标准模糊,涉罪罪名界限存在争议,在实践中经常出现司法部门之间互相推诿此类案件的现象,从而使该罪在刑法规制过程中陷入困境。要想解决上述难题,必须根据其类型化特征探索刑法规制路径,合理确定网络招聘诈骗行为的入罪边界,完善刑法规制体系,从而切实保障劳动者合法权益。With the rapid development of internet technology, the criminal forms of online fraud are emerging endlessly, and the number of online recruitment crimes has surged in recent years. Due to its hidden means, legitimacy in form, diversity in type and other characteristics, the criminalization standards of online recruitment crime of financial assault are vague, and the boundaries of the crimes involved are disputed. In practice, the phenomenon of mutual deniability between judicial departments often occurs in such cases, thus making this crime difficult to regulate in criminal law. In order to solve the above problems, we must explore the path of criminal law regulation according to its type characteristics, reasonably determine the criminalization boundary of online recruitment fraud, and improve the criminal law regulation system so as to effectively protect the legitimate rights and interests of workers.