Abstract

The core that obsessing the practice and theory of the criminal law is virtuality of the cybercrime caused by the digitization of traditional society. Therefore, this book takes virtuality of cyberspace and network society as the entry point, comprehensively and systematically presenting the development of practice and innovation of theory of the criminal law in virtual space. The dualization is a typical feature of this book. First of all, this book give consideration to both macro thinking and micro thinking in the level of research idea. At the time of doing systematic research of development process of the crime in virtual space, the expansion model of legal interest in information ear, transition of criminal law of China in information ear and other macroeconomic issues, this book concretely analyses the crime of Infringement of citizens' personal information, the crime of false information, the crime of online gambling, the crime of unfair competition in cyberspace and other typical crimes. Secondly, this book pays equal attention to both judicial strategy and legislative strategy in the level of the research strategy. On the one hand, this book detailly demonstrates the boundary of expansion explanation of reasonability and legitimacy through judicial effort, which regarding to legal interests, key words and criminal patterns. On the other hand, this book theoretically responds to three core thoughts of epochal legislation update in information era, which regarding to criminal protection of new legal interest, treating accomplice as perpetrator, transforming to the act of perpetrating of the behaviour of the preparation. Thirdly, this book combined the domestic perspective and the abroad perspective in the level of research perspective. This book takes the China Mainland as the basic research visual threshold, which is based on international attribute of crime in the information age, introducing the practical viewpoint and theoretical achievement of Hong Kong China, Macau China, Taipei China and foreign countries, and emphatically discussing the chinese standpoint of constructing international criminal law.