Abstract

Info

Title:: The Convergence of Criminal and Administrative Law Enforcement in Cybercrime Governance: Basic Value and Operation Pattern

Keywords:: cybercrime; collaborative governance; convergence of criminal and administrative law enforcement; integrated responsibility

Abstract:: Under dual effect of the deep socialization of cybercrime and its characteristic of industrial chain, cybercrime governance has become a severe social challenge. The difficulty in dealing with this challenge exceeds that of traditional crime. In this context, a reversed coherence mechanism of administrative and criminal law enforcement in policing cybercrime meets the needs of source governance, process governance and collaborative governance towards cybercrime. Issues for cyberspace governance like anti-telecom and online fraud, personal information protection, and risk management of new industry require a coherent strategy for determining legal responsibility as well. Two modes of reversing the coherence in administrative and criminal law enforcement are giving “related penalty” after the criminal judgment coming into force, and giving “supplementary penalty” after reversing the coherence due to the failure of conducting criminal sanction. The former is helpful to realize the closed loop of legal responsibility while the latter is conducive to realizing the mode of “criminalization of repeated acts” in judicial interpretation. Based on the characteristic of the industrial chain of cybercrime and the demand for collaborative governance of cybercrime, the judiciary should review the whole chain of cases and focus on the administrative responsibility of the “victims” of crimes such as the network platforms.