论文部分内容阅读
随着网络越来越普及,在其发展过程中,传统的社会关系出现了转移和再造现象,导致网络的空间属性变得更加明显,越来越多的犯罪类型都是以网络为基础,并成为今一种犯罪趋势,所以需要严格的刑法来加以约束。通过回想网络不同发展阶段的刑事立法和司法,逐步了解和认识网络空间性与传统刑法规则的关系。本文主要探讨分析网络“空间化”的时代演变和相对应的刑法,提出在三网融合时代,更需要传统刑法回应网络空间化,让网络秩序处于一个稳定的阶段。
As the network becomes more and more popular, the traditional social relations have shifted and rebuilt in their development process. As a result, the spatial attributes of the network have become more obvious. More and more types of crimes are based on the Internet and It has become a crime trend nowadays and therefore requires strict criminal law to be bound. By recalling the criminal legislation and judicature in different stages of development of the Internet, we should gradually understand and understand the relationship between cyberspace and the rules of traditional criminal law. This paper mainly discusses the evolution of the era of network “Spatialization ” and the corresponding criminal law. It puts forward that in the age of triple play, the traditional criminal law is more needed to respond to the cyberspace and make the network order at a stable stage.