With the development of Internet technology，Criminal behavior gradually moves from physical space to network space，and present a huge amount of involved cases、Difficulty of investigation and evidence collection and doubt about data authenticity，As a result, it is difficult for the judicial department to accurately calculate the amount of cyber crime。How to quantify and quantifying crimes under the premise of ensuring fairness is a problem that needs to be solved at the moment。

　　Bet365 lotto review

Taking the crime of violations of citizens as an example，In the early stages of handling cyber crimes，In the face of a large number of personal information，It has not yet formed effective technical means to identify whether the data involved is a personal information，and whether there is a question of repeated information。Facing the defendant's "misunderstanding of error" in the face of the defendant，If the controller cannot provide proof of the amount of allegations，The courts usually make doubts about the "low identification" of the defendant's "low recognition"。In 2014, "Yu Yuanyuan illegally obtained personal information cases of citizens"，The court believes that the existing evidence cannot determine whether the personal information involved in the case is repeated，Therefore, according to the principle that is beneficial to the defendant，Article 2177303 information involved in the case is low to 700,000 pieces。In the 2015 "Zhang David illegal acquisition of personal information cases"，The prosecution cannot provide proof of the amount of allegations，The court's allegations of "illegal acquisition of Apple user ID and password 1387" will not be determined。In the early "low -determination" mode, although the spirit Bet365 lotto review of suspicion was followed，But it will undoubtedly reduce the investigation rate of cybercrime。According to the public data from April to July 2016，Public security organs have detected more than 750 criminal cases that use the Internet to infringe on personal information of citizens，But from the judgment，Little is finally convicted。This can be seen，"Just recognize" mode not only cannot solve "qualitative easy、Legal problems with quantitative difficulty "，and may cause the legislative destination to fail，The spread of the black and gray industry of the network。

　　"Establishment" mode can easily lead to improper transfer of proof responsibility

Faced with increasing increasing network crime legislative supply and strict cracking down on criminal policy needs to crack down on cyber crimes，Judicial practice has gradually shifted from "low -determination" to "amount positive" mode。"Establishment" means that the accused party does not need to verify the amount of crime one by one，The defense refutes the amount identified in the summary。Taking counterfeit registered trademark cases as an example，Investigation agencies usually determine the crime amount directly according to the sales of the platform，The defendants are mostly based on the "brush order" as the debate，Correct amount of identification error。The referee of the referee of the Supreme People's Court No. 87 can be known，The defendant has the right to refute the correct amount，But you need to provide evidence of the order。Visible，In the "Piginal Piginal" mode，The defense needs to provide evidence to the refutation，This leads to partial proved responsibility from the direction of the control.。This move confuses the prosecution's proof responsibility and the right to proof of the defense，The defense should not respond to the responsibility of the refutation of the refutation based on positive。Under the binary legislative mode of illegal and crime in my country，The prosecution Bet365 lotto review should be responsible for the amount of conviction。The transfer of the responsibility in the confirmation is to balance the liability of the two parties，But under my country's authorityist lawsuit mode，Restricted the defendant who is limited to the defendant assume the liability for proof，undoubtedly exacerbated the inequality of the defense status。

　　"Sample Survey" mode is offset with the standard of criminal proof 牾

In order to improve the proof of the positive and respond to the defendant's refutation，The sampling survey method will also be adopted in practice。As of April 2021，On the China Magistrate Document Network, "invading the personal information of citizens" and "sampling" as the keyword，A total of 352 documents are retrieved; the keywords are based on "counterfeit registered trademarks" and "samples"，Retrieve 1077 documents; use "spreading obscene items" and "sampling" as keywords，Search for 62 documents。This can be seen，Sample survey has been generally used in judicial practice。But，At present, only the "Provisions on Criminal Cases of Criminal Cases under the jurisdiction of public security organs (3)" and "Several Provisions on Public Security Organs on Economic Criminal Cases" and other limited legal specifications can be clearly stipulated that sampling calculations can be adopted.、Method of sample survey。In the absence of relevant legislation，Apply the sampling method in cyber crime case，It can not help but make people question their legitimacy。my country's punishment for crimes has always been accurate tendencies，Although the subjective standard of "excluding reasonable doubt" was introduced，But it is still based on "confirming" to obtain the unique conclusion。In the "Sample Survey" mode，Evidence collection objects are limited to some samples that are randomly extracted，By the verification of some facts to summarize the facts of the whole case，Obviously deviating the accuracy requirements。bet365 best casino games At the same time，Even if the sampling data is displayed as true，It is difficult to explain the effectiveness of the remaining data。So，Sample results as indirect evidence，It must be reinforced by evidence to prove the facts of the case，However, in practice, the phenomenon that directly determines the amount of crime based on the sample conclusion。

　　Based on the principle of exclusion of reasonable suspicion, comprehensive identification as supplement

Considering the particularity of cyber crimes，The amount involved in the case may reach 10 million or even worse，At this time, it is still required to verify the amount one by one，It is obviously not conducive to the realization of the efficiency value of litigation。So，It is necessary to use the cost of investigation、The fact that the facts to be proved to the substantial influence of the establishment of the crime are the benchmark，Clarify the specific situation of "indeed unable to verify due to objective conditions"，Time span of the case、Space distance、Number of levels、It is difficult for professional institutions to verify factors such as judgment standards。Only "checks that cannot be verified under objective conditions"，Only "comprehensive identification" can determine the amount of crime。

Comprehensive determination refers to no need to verify online data，As long as the relevant evidence forms a closed chain，You can make crimes。This idea has actually been reflected in some files，For example, "Opinions on the Application of Laws for Criminal Cases and other criminal cases such as telecommunications network fraud" stipulates that under the large number of victims such as the number of victims，Can be combined with transaction records、Call records and other evidence to comprehensively identify the amount of fraud。Visible，Comprehensive identification applications are based on objective limits as the premise，It can prevent the prosecution from reducing the certification bet365 live casino games standard。Of course，Comprehensive identification does not rule out the use of sampling surveys。Sample conclusion If it can be combined with other evidence，Still accessibility。Not only avoids the limitations of the conclusion based on the sample survey，At the same time, it also provides theoretical support for its legitimacy。So，In the comprehensive identification mode，It should be collected with more extensive evidence to make up for defects that cannot be verified one by one，so。

　　Specific rules for scientifically determining sampling surveys

First，Sample selection should adopt a layered sampling method。Actors in cyber crimes usually implement multiple behaviors，If you use a simple and random sample of mixed amounts of amounts，The effects of the particularity of a single behavior on the final result will not be unable to rule out。So，The data involved in the case should be performed in the internal group in accordance with the implementation time or characteristics of illegal behavior，Sample samples from each group，so as to make the sample more representative。Next，Public security judicial organs should uniformly sample proportion。In the "Liu Mou's Discoral Items Evolution Case"，Public security organs extracted 101 to identify from 814 videos，The sampling ratio is 12.4%; in the "Li Chongjiang Communication of Prostitution Models for profit"，Public security organs extracted 602 units from 16429 videos，The proportion of sampling is 3.7%;，Public security organs have extracted 100 units from 29472 videos，The sampling ratio is as low as 0.3%。The scientificity of the credibility and conclusion of improving the judiciary，In the future, we should reduce the randomness of sampling，Unified sample ratio in advance。Last，Organization of institutions that should be strictly regulated。In judicial practice，Sample survey except for the law identification agency as the outside，Sometimes the victim will be as the victim。such as，In the "Li Qi illegal Control Bet365 app download of Computer Information System System Case"，The Opinions of the Sample Evidence Evidence Explanation are issued by the victim。Although the defender also pointed out that the appraisal subject is not qualified，The court in the second instance still takes the victim's "Electronic Data Appraisal Qualification Qualification"，Do not adopt the defense opinion。We think，The sampling survey is to solve the specialized technical problem，The category belonging to the appraisal opinion，Therefore, it can only be held by an appraisal agency with electronic data appraisal qualifications and the failed relationship with the case。

　　Future legislation can add a selection type of quota

Selected amount offenders refers to the requirements of the amount even if there is no amount，In the case of other circumstances, it can also constitute the amount of crime of the crime。In the field of cyber crime，The scope of the impact of illegal behavior can be、Subjective malignant、Criminal objects, etc. Considering。such as，The criteria for infringing citizens 'personal information crimes "serious circumstances" also set up various types of plot elements in addition to the number of citizens' personal information quantity;，Crime Standards Unless the amount of legal operation、Number of counterfeit registered trademarks、Outside of illegal income，It can also be based on the scope of sales、The victim's personal and economic losses are determined;，The standard for "serious plot" In addition to the click volume、Views and other indicators，You can also spread obscene items to minors、The degree of obscenity of items is high, and determined。Social harm is the essential characteristics of crime，The amount is not its only indicator。Add other plot requirements outside the amount of amount，Not only can the regulations on cyber crimes meet the legal requirements of crime and punishment，At the same time, it can also make up for the disadvantages of "only theory"。

　(This article is the Supreme People's Procuratorate's Procuratorate Theoretical Research Project "Research on Crime of New Internet Black -to -Hrygena Activities" (GJ2021D25)、The Soft Science Project of the Department of Science and Technology of Zhejiang Provincial Department of Science and Technology "Coordination and improvement of criminal legislation of intellectual property in the Sino -US trade war" (2020C35065) phased results)

(Author Unit: Department of Law of Zhejiang University of Technology; Institute of Network Law Research, Zhejiang University of Technology)