With the development of Internet technology，Criminal behaviors gradually shift from physical space to cyberspace，And showing the huge amount involved、Difficulties in investigation and evidence collection and doubts about the authenticity of data，Making it difficult for the judicial department to accurately calculate bet365 promo codes cyber crimes。How to convict and send sentences while ensuring fairness is an urgent problem that needs to be solved。

　　The "lower identification" model is suspected of indulging in bet365 promo codes

Taking the crime of infringing on citizens’ personal information as an example，In the early stages of dealing with cyber crimes，Investigation agencies are faced with massive amounts of personal information，There is no effective technical means to identify whether the data involved in the case is personal information，And whether there is a problem of duplication of information。Faced with the defendant’s defense of “misdetermination bet365 promo codes amount”，If the prosecution cannot provide proof for the amount bet365 promo codes charge，The court will usually make a "lower determination" in favor bet365 promo codes defendant regarding the doubtful part。In the 2014 “Yu Yuanyuan’s case of illegally obtaining citizens’ personal information”，The court believes that the existing evidence cannot determine whether the personal information involved in the case is duplicated，Therefore, in accordance with the principle that is beneficial to the defendant，The 2,177,303 pieces of information involved in the case were determined to be as low as 700,000 pieces。In the 2015 “David Zhang Illegal Obtaining Citizens’ Personal Information Case”，Because the prosecution cannot provide proof for the amount bet365 promo codes charges，The court dismissed the charge of “illegally obtaining 1,387 Apple user IDs and passwords”。Although the early "lower identification" model followed the spirit of doubting the guilt，But it will undoubtedly reduce the detection rate of cyber crimes。Based on public data from April to July 2016，The public security organs have solved more than 750 criminal cases involving the use bet365 promo codes Internet to infringe on citizens’ personal information，But judging from the judgment，Very few are ultimately convicted。It can be seen from this，The "low identification" model is not only unable to solve the problem of "qualitative ease、The judicial problem of "difficult to quantify"，And may defeat the purpose of legislation，Leading to the unbridled spread of black and gray Internet industries。

　　The "amount presumption" model can easily lead to improper transfer bet365 promo codes burden of proof

Facing the increasing supply of cybercrime legislation and the need for criminal policies to strictly combat cybercrime，Judicial practice gradually shifts from “lower determination” to “amount presumption” model。The "presumption of amount" means that the accuser does not need to verify the amount bet365 promo codes crime one by one，It is up to the defense to rebut the generally determined amount。Take the case of counterfeiting registered trademarks as an example，Investigating agencies usually determine the amount of crime directly based on the sales volume displayed on the platform，The defendants mostly used “false orders” as their defense，Wrong determination of claim amount。Based on the gist bet365 promo codes ruling in Guiding Case No. 87 bet365 promo codes Supreme People’s Court，The defendant has the right to rebut the presumed amount，But evidence of fraudulent orders must be provided。Visible，In "Amount Presumption" mode，The defense needs to provide evidence for rebuttal，Thus causing part bet365 promo codes burden of proof to shift from the prosecution to the defense。This move confuses the prosecution’s burden of proof and the defense’s right of proof，The defense shall not bear the burden of proof for rebuttals based on presumptions。Under the dual legislative model in our country where illegality and crime are distinguished，The prosecution should bear the burden of proving the amount bet365 promo codes conviction。The transfer bet365 promo codes burden of proof in the presumption is to balance the burden of proof between both parties，But under our country’s authoritarian litigation model，Put the burden of proof on defendants with limited information，It undoubtedly exacerbates the inequality in the status of prosecution and defense。

　　The “sample survey” model conflicts with the criminal standard of bet365 promo codes

To improve the probative power bet365 promo codes presumption and respond to the defendant’s rebuttal，In practice, the sampling survey method is also used。As of April 2021，Using "infringement of citizens' personal information" and "sampling" as keywords on the China Judgment Documents Network，A total of 352 documents were retrieved；Using "counterfeit registered trademark" and "sampling" as keywords，A total of 1077 documents were retrieved；Using "dissemination of obscene materials" and "sampling" as keywords，A total of 62 documents were retrieved。It can be seen from this，Sampling surveys have been commonly used in judicial practice。However，At present, in the criminal field, only limited legal regulations such as "Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (3)" and "Several Provisions on the Handling of Economic Crime Cases by Public Security Organs" clearly stipulate that sampling calculations can be used、Method of sampling inspection。In the absence of relevant legislation，Applying sampling methods to cybercrime cases，It is inevitable that people will question its legality。Our country has always had a tendency to be precise in punishing crimes，Although the subjective standard of “beyond reasonable doubt” has been introduced，But it is still based on the conclusion of uniqueness through "confirmation"。In "sample survey" mode，The evidence collection objects are limited to some randomly extracted samples，Summarize the facts bet365 promo codes entire case by verifying some bet365 promo codes facts，Obvious deviation from accuracy requirements。At the same time，Even if the sampled data appears to be true，It is difficult to explain the validity bet365 promo codes remaining data。Therefore，Sampling results as indirect evidence，Must be reinforced by evidence before it can be used to prove the facts bet365 promo codes case，However, in practice, it is common to determine the amount of crime directly based on sampling conclusions。

　　Adopting the principle of eliminating reasonable doubt and supplementing bet365 promo codes with comprehensive determination

Considering the particularity of cybercrime，The amount involved may reach tens of millions or more，If you still require verification bet365 promo codes amounts one by one at this time，Obviously not conducive to the realization bet365 promo codes value of litigation efficiency。Therefore，It is necessary to investigate the cost、The actual influence bet365 promo codes facts to be proved on the establishment bet365 promo codes crime shall be the basis，Clear the specific circumstances of “it is impossible to verify due to objective conditions”，Change the case time span、Spatial distance、Order of magnitude、Factors such as difficulty in verification by professional institutions are included in the judgment criteria。Only because "verification cannot be carried out under objective conditions"，Only through "comprehensive identification" can the amount of crime be determined。

Comprehensive identification means that there is no need to verify the network data one by one，As long as relevant evidence forms a closed chain，Conviction and sentencing。This idea has actually been reflected in some documents，For example, the "Opinions on Several Issues Concerning the Application of Laws in the Handling of Telecommunications and Internet Fraud and Other Criminal Cases" stipulates that under objective restrictions such as the large number of victims，Can be combined with transaction records、Comprehensive determination bet365 promo codes amount of fraud using call records and other evidence。Visible，The application of comprehensive identification is premised on the existence of objective restrictions，It can prevent the prosecution from arbitrarily lowering the standard of proof。Of course，Comprehensive certification does not exclude the use of sample surveys。If the sampling conclusion can be combined with other evidence，Still admissible。Not only avoids the limitations of drawing conclusions based solely on sample surveys，At the same time, it also provides theoretical support for its legitimacy。Therefore，In comprehensive certification mode，More extensive evidence collection should be used to make up for the shortcomings that cannot be verified one by one，In order to control the lowering bet365 promo codes standard of proof within a reasonable range。

　　Scientific determination of specific rules for bet365 promo codes surveys

First，The stratified sampling method should be used in sample selection。In cyber crimes, perpetrators usually commit multiple acts，If simple random sampling is used to mix multiple amounts，It will not be possible to rule out the impact bet365 promo codes specificity of a single behavior on the final result。Therefore，The data involved in the case should first be grouped internally according to the time of implementation bet365 promo codes illegal act or its own characteristics，Select samples from each group，Thus making the sample more representative。Secondly，Public security and judicial organs should unify the sampling ratio。In the "Case of Liu distributing obscene materials for profit"，The public security agency extracted 101 videos from 814 for identification，The sampling ratio is 12.4%；In the "Case of Li Chongjiang Profiting from Distributing Obscene Materials"，The public security agency extracted 602 videos from 16429 videos，The sampling ratio is 3.7%；But in the "Huang Pengfei case of spreading obscene materials for profit"，The public security agency only extracted 100 videos out of 29472，Sampling ratio as low as 0.3%。To enhance the credibility bet365 promo codes judiciary and the scientificity bet365 promo codes conclusions，Sampling randomness should be reduced in the future，Unify the sampling ratio in advance。Finally，The selection of institutions for sample surveys should be strictly regulated。In judicial practice，Except for sampling surveys conducted by statutory appraisal agencies，Sometimes the victim is also responsible。For example，In the "Case of Li Qi's Illegal Control of Computer Information System Programs"，The sampling evidence collection and appraisal opinions are issued by the victim。Although the defender also pointed out that the appraisal subject is not qualified，The court of second instance still reasoned that the victim “had the qualifications for electronic data identification”，The defense opinions are not accepted。We think，The sampling survey is to solve specialized technical problems，Belongs to the category of appraisal opinions，Therefore, it can only be performed by an appraisal agency that is qualified for electronic data appraisal and has no interest in the case。

　　Selective bet365 promo codes crimes may be added to legislation in the future

Selective amount crime means even if the amount requirement is not met，Amount-amount crime that can also constitute the crime when other plot elements are met。In the field of cybercrime，Can extend the scope bet365 promo codes illegal act、Subjective malignancy、Criminal objects, etc. are taken into consideration。For example，The "serious circumstances" standard for the crime of infringing on citizens' personal information also sets various plot elements in addition to the quantity factor of citizens' personal information；In the case of counterfeiting registered trademark，Conclusion criteria other than illegal business amount、Number of counterfeit registered trademarks、Except illegal income，Also according to the sales scope、Determine the victim’s personal and economic losses；In the case of using the Internet to disseminate obscene materials for profit，The criteria for “serious circumstances” are other than the number of clicks、Excluding page views and other indicators，Also by spreading obscene materials to minors、Determine if the obscenity bet365 promo codes item is higher。Social harm is the essential characteristic of crime，Amount is not the only indicator。In addition to the amount requirement, add other plot requirements，Not only can the regulation of cybercrime comply with the statutory requirements for crime and punishment，At the same time, it can also make up for the shortcomings of "amount-only theory"。

　(This article is part bet365 promo codes procuratorial theory research topic bet365 promo codes Supreme People's Procuratorate "Research on the Criminalization of New Internet Black and Ash Product Activities" (GJ2021D25)、Zhejiang Provincial Department of Science and Technology Soft Science Project "Research on the Coordination and Improvement of Intellectual Property Criminal Legislation in the Context bet365 promo codes Sino-US Trade War" (2020C35065) Phased Results)

(Author’s unit: Department of Law, Zhejiang Sci-Tech University；Institute of bet365 promo codes ​​Law, Zhejiang Sci-Tech University)