关键词: 网络犯罪, 刑法前置化, 危险分配, 情景犯罪预防, 因果归责, 危险注意义务归责

Abstract: With the rapid development of Internet technology, the modes and types of cybercrime have become diversified, and it is worth exploring whether traditional legal rules can appropriately respond to the expansion of cybercrime. The ex post facto criminal law system is the traditional mode of cybercrime governance, which fails to produce effective regulation due to the nature of concealment and extreme flexibility of cybercrimes, and results in difficulties in criminal forensics and a clear tendency towards abuse of application of offences. The traditional attribution mode of cybercrime should be shifted from causal attribution to the attribution of the duty of care to improve the judicial loopholes in the offence to achieve the pre-criminalisation of cybercrime, and on this basis, the situational crime prevention measures of cybercrime should be actively explored, so as to form a new mode of pre-criminal situational crime prevention and pre-criminalisation of criminal law, to achieve the effective control of cybercrime in the whole process, and to promote the healthy development of cybersociety in accordance with the rule of law.

Key words: cybercrime, pre-criminalisation of criminal law, allocation of risk, situational crime prevention, causal attribution, attribution of the duty of care