英文摘要 |
In the gradual transition from traditional criminal law to network criminal law, behavioral issues have undergone quantitative changes and accumulated qualitative changes. Initially, the behavior in network criminal law is based on danger as its essence, characterized by a diversified structure, as well as transitions and phases. This also requires a restatement of the behavior, which involved in variable factors, followed as the basic normative elements to define, the normative clarification of cyber social technology risks, and proper introduction of the ''human'' element of cyber behavior are the pivot elements. It is necessary to define the main types of behaviors in the network criminal law, including both intentional negligent behaviors, actions, omissions, and holding behaviors, intentional cessation behaviors, common dangerous behaviors, and behaviors during the transition period. Such situations also include mature network implementation behaviors and other independent or exclusive network behaviors. The theoretical empowerment of behavior in cybercriminal law aims to construct the theoretical framework of behavior, clarify the legislative basis of behavior, and provide the identification rules of behavior in cybercriminal law. |