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犯罪集团网络化作为网络共同犯罪的一种特殊表现形式,其主要是指通过网络实施的危害网络系统及其数据的共同犯罪行为以及对这些系统网络和数据进行滥用的危害网络正常秩序的各种行为。鉴于犯罪集团的网络化发展所带来的法益扩展、主体范围扩容以及共同犯罪的故意难以把握等困惑,传统刑法理论和刑事立法应承认全新法益、合理配置刑罚、完善共犯理论。
As a special manifestation of common crime in cybernetics, cybercrime cybercrime mainly refers to all kinds of crimes that are harmful to network system and its data, which are committed through the internet, as well as to the abuse of these system networks and data, behavior. In view of the expansion of legal interests brought by the development of the criminal syndicate, the expansion of the scope of the main body and the difficulty of grasping the intentional crime of common crime, the traditional criminal law theory and criminal legislation should recognize new legal interests, rationally allocate penalties and perfect the theory of accomplice.