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外挂因其具有破坏网络游戏规则,使外挂使用者在游戏玩家中处于优势地位而风靡于网络。由于市场需求非常之大,故传播外挂也变成一桩获利丰厚的生意。近些年,对传播外挂的行为以非法经营罪进行处罚,在法学界和司法部门中似已达成共识。其裁判理由主要是依据《出版管理条例》等行政法规的规定,认为传播外挂是非法出版行为。本文从立法法、宪法和联合国公民权利和政治权利公约的相关规定,提出在目前法律环境下,传播外挂并非非法的出版行为,传播外挂不构成非法经营罪的观点。
Plug-in because it has undermined the rules of the online game, so that plug-in users in the game player in a dominant position and swept the Internet. As the market demand is very large, so the plug-in has become a profitable business. In recent years, the penalty for illegal business crime has been punished for the dissemination of plug-ins, which seem to have reached a consensus among the legal science community and the judiciary. The referee’s reasons are mainly based on the “Administrative Regulations on Publishing” and other administrative regulations, that the spread of plug-in is illegal publication. This article from the legislative, constitutional and UN Covenant on Civil and Political Rights of the relevant provisions of the proposed legal environment, the spread of plug-in is not illegal publication of the act, the spread of plug does not constitute the crime of illegal business crime point of view.