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近些年来,网络购物诈骗多发,危害极大,但对该类犯罪的惩治面临刑事程序法、刑事实体法以及证据法上的三重困惑。本文认为在程序法层面应当依据正当法律程序原则,完善初查、立案管辖及立案监督制度;从实体法层面应当进一步贯彻罪刑法定原则,灵活处理行为定性、改良犯罪构成中数额标准确定方法、扩大被害人概念外延;在证据法层面应当贯彻证据裁判原则,扩充证据种类。意在使刑事程序法、实体法、证据法能够在刑事一体化理念之下协调运转,以达到对三重困惑的消解。
In recent years, there are many online shopping frauds, which are extremely harmful. However, the punishment of these kinds of crimes faces the triple puzzles of the criminal procedural law, criminal substantive law and the law of evidence. This paper argues that the system of preliminary investigation, case filing and case filing should be perfected according to the principle of due process of law at the level of procedural law. From the substantive law level, the principle of legally punishable punishment should be further implemented, the qualitative criteria should be flexibly handled, the method of determining the standard amount of crime should be improved, Extension of concept of victim; at the level of evidence law, the principle of evidence adjudication should be implemented to expand the types of evidence. It is intended to make the criminal procedural law, substantive law, and evidence law coordinate and operate under the concept of criminal integration so as to eliminate the triple puzzles.