刑法在虚拟世界中的作用研究

W. Lee
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引用次数: 1

摘要

时代在迅速变化。在你习惯一种信息通信技术之前,你会遇到下一代的信息通信技术。将这些技术结合起来,并将它们与真实空间融合在一起,创造出的世界就是一个虚拟世界。met滥用是一种集中的信息和通信技术,就像活生生的生物一样。随着信息通信技术的发展,虚拟世界也在发展。然而,正如《圣经》中罪恶一开始就进入世界一样,各种各样的犯罪也在虚拟世界中出现。到目前为止,刑法在预防和打击犯罪方面发挥了作用。但是,在信息时代,刑法的作用逐渐让位给各种专门法,作用相对减少。当然,可以看出,刑法的作用并没有因为在专门法领域有刑法规定而降低。那个陈述在形式上是正确的。然而,在实践中,在专门法领域,刑法不再具有系统上的优越性或优先权。刑法在犯罪中起辅助作用,而不是主导作用。在本研究中,区分了刑法在虚拟世界中可以发挥主导作用的犯罪类型和应该划分为专门法律的犯罪类型。并得出了将特别法规定的部分犯罪移入刑法典的结论。但这是一种试探性的方法。为了维持历史上确立的刑法的作用,需要“元刑法”等综合性法律。因此,有必要对分散在现有专门法律领域的网络犯罪进行系统应对。《虚拟刑法》在形式上是一部专门的刑法,但在实践中,它将成为打击网络犯罪的基本法。这项工作不能再耽搁了。从现在开始,国会、政府、学界、企业界应该为建立符合新时代的“反刑法制度”展开激烈的讨论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Study on the Role of criminal law in Metaverse
Times are changing rapidly. Before you get used to one information and com- munication technology, you will encounter the next generation of information and communication technology. The world created by combining such technologies and converging them with real space is a metaverse. Metabuses, which are concentrated information and communication technologies, are like living creatures. As information and communication technology develops, metaverse also develops. However, just as sin entered the world in the beginning in the Bible, various types of crimes are emerging in metaverse. It is the criminal law that has played a role in preventing and suppressing crime so far. However, in the information age, the criminal law gradually gives its role to various specialized laws, and the role is relatively reduced. Of course, it can be seen that the role of the criminal law is not reduced because there are penal provisions in the area of specialized law. That statement is correct in form. However, in practice, in the area of specialized law, criminal law can no longer claim systematic superiority or priority. Criminal law plays an auxiliary role, not a leading role in crime. In this study, the types of crimes that criminal law can play a leading role in metaverse and the types that should be divided into specialized laws were distinguished. And it came to the conclusion that some of the crimes prescribed in the special law should be transferred to the criminal code. But this is a tentative way. In order to maintain the role of criminal law that has been historically established, integrated laws such as “metaverse criminal law” are needed. Therefore, it is necessary to systematically respond to cyber crimes scattered in the current specialized law area. The Metaverse Criminal Law is a special criminal law in form, but in practice, it will be a basic law for cybercrime. The work can no longer be delayed. From now on, the National Assembly, the government, academia, and working circles should have fierce discussions to establish a “meraverse criminal law system” that fits the new era.
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