On November 27, 2022, the 2022 annual meeting of the Criminology Research Society of Jiangsu Provincial Law Society was held in the conference room of the People's Procuratorate of Huishan District, Wuxi, hosted by the Criminology Research Society of Jiangsu Provincial Law Society and the Wuxi Municipal People's Procuratorate, and organized by the Law School of Southeast University, the People's Procuratorate of Huishan District, Wuxi, and the Law Society of Huishan District, Wuxi. The conference was held in a combination of online and offline mode, and nearly 100 representatives from universities, research institutions and public prosecutors, law firms and other practical departments from all over China participated in this conference. The conference received a total of 178 papers, and 138 papers were included in the proceedings.

I. Opening Ceremony and Keynote Speech

The opening ceremony of the conference was hosted by Ouyang Benqi, the president of the Criminology Research Society of Jiangsu Law Society and professor of Southeast University Law School. Professor Ouyang Benqi introduced the leaders and guests present. The opening ceremony was divided into three parts: leadership speech, award presentation and keynote speech.

Addresses

 Xiong Yi, member of the Party Group and Deputy Procurator General of Jiangsu Provincial People's Procuratorate, pointed out that cyber crimes seriously affect people's sense of security and seriously erode the network environment. In recent years, Jiangsu procuratorial organs to strengthen the political role, adhere to the punishment and prevention of network crime, maintaining network security as an important task, handling a number of major cybercrime cases, to pacify the cyberspace, to promote network governance has made a positive contribution. Next, the province's procuratorial organs should focus on the industrialization of cybercrime, the fight against new types of cybercrime, the application of criminal policy on cybercrime, cybercrime e-discovery, cybercrime prevention and other issues, strengthen communication with relevant political and legal units, legal theory, to promote a sound comprehensive network governance system and create a clearer cyberspace.

 Professor Cai Daotong, Vice President of Jiangsu Law Society and Professor of Nanjing Normal University Law School, delivered a speech on behalf of the provincial law society. Prof. Cai Daotong congratulated the conference, welcomed the experts and expressed his gratitude to the organizers. Combining the national security concept proposed by the 20th Party Congress and the theme of new cybercrime prevention of this conference, Prof. Cai Daotong pointed out that, with socialism with Chinese characteristics in the new era as the ideological guidance and criminology research as the opportunity, we should actively pay attention to the real problems caused by the risks associated with the emerging technological means, focus on the combination of theory and practice, take practical problems as the guide, summarize Chinese experience and provide Chinese solutions.

Xu Zhupeng, deputy secretary of the Political and Legal Committee of the Wuxi Municipal Party Committee and full-time vice president of the Municipal Law Society, pointed out that in the face of the proliferation and frequency of crimes in the network field, it is the major responsibility of the political and legal units to increase the efforts to punish and prevent cybercrime and create a clear cyberspace. To adhere to the problem-oriented, focus on key areas, key links, and accelerate the construction of a more rigorous system of combating and preventing. Focus on the source of governance, strengthen the communication between political and legal units, cooperation and collaboration, from the source to eradicate the breeding ground for the spread of network crime. Deepen theoretical research, pay more attention to the construction of basic crime theory, and focus on solving theoretical problems in law enforcement and justice, to provide intellectual support for the improvement of network governance.

Wu Jianyuan, vice chairman of the Wuxi CPPCC and secretary of the Huishan District Committee, pointed out that the report of the 20th Party Congress and the important remarks of General Secretary Xi Jinping have drawn a bright vision for the future of cyberspace and pointed out the direction of development, and also put forward new tasks and new deployment and requirements for comprehensive network governance. The theme of this annual meeting is closely combined with the current grassroots practice of comprehensive rule of law, which is very contemporary and relevant. He hoped to take the people as the center and provide rich nutrients for a sound comprehensive network governance system; to take the rule of law as the guarantee and provide a wisdom engine to promote the formation of a good network ecology; to take good governance as the goal and provide a wide path for the transformation of research results into practice to create a clearer cyberspace and build a safer network barrier.

Reading out the award list

President Professor Ouyang Benqi read out the list of winners. Outstanding Paper Award: 5 first-class, 15 second-class, 20 third-class; Excellent Case Award for Crime Governance Practice: 3.

Keynote Speech 

Professor Shan Yong firstly introduced the new cybercrime as the current hot spot of governance from the macro crime situation. The response-based law represented by the criminal law can only punish a small number of detected cases, and this model is insufficient for most of the unsolved cases and even the undiscovered criminal black numbers. The failure of the organized control in the presence and the delay of the organized control afterwards make the traditional system ineffective in responding to new problems. In the digital era, new types of crimes are linear, non-contact, industrialized, technological, and internationalized. The traditional organizational control is too far from the governance distance, and should be changed from the traditional present control to the online control. In the framework of state capacity analysis, Prof. Shan believes that platform-based governance provides a transformation path for crime governance in terms of technology, organization and system, including governance based on mega-platforms and governance based on comprehensive governance platforms, and ultimately platform-specific governance. In the end, governance for platforms will lead to good law and good governance and return to value rationality.

Jiang Su, researcher of Peking University School of Law and director of Peking University Institute of Empirical Law, compared China's cyber criminal law with foreign cyber criminal law from four perspectives: cybercrime, criminal policy of cybercrime, criminal setting of cybercrime, and theory of cyber criminal law. It further points out the need to create a sub-discipline of cyber criminology, uphold the thinking of criminal integration, and strengthen international cooperation in combating cyber crime.

From a practical point of view, Jinxin Bei, a prosecutor of the Fourth Procuratorate of the Supreme People's Procuratorate, pointed out that the connotation and extension of Internet financial crimes are expanding, and discussed the evolution of the trend of Internet financial crimes, the challenges of Internet financial crimes, and the response to Internet financial crimes in three aspects.

II. Seminar Topics

The Current Situation, Trends and Governance Mechanism of Cybercrime in WEB3.0 Era

The discussion on this topic was chaired by Professor Yin Ji from Southeast University Law School. This module is divided into two sessions: presentation and review. Prof. Yin Ji introduced the participants of this module.

Presentation session

Sun Kai, Director of the Third Prosecution Department of the Wuxi Liangxi District People's Procuratorate, introduced the meta-universe and explained that its deep development is inevitably accompanied by the iterative symbiosis of technology and crime, which is directly reflected in the infringement of personal rights, property rights and social management order, and proposed to judge whether the behavior in the meta-universe constitutes a crime. The meta-universe world, whether the behavior constitutes a crime, based on whether there is a realistic legal benefit infringement, adhere to the standard of substantive damage judgment, the meta-universe may exist in the three types of criminal risk, it is not appropriate to overly adopt the legislative approach to deal with.

Zhou Shan, deputy director of the sixth prosecution department of Wuzhong District Prosecutor's Office in Suzhou, proposed that cybercrime has the characteristics of intelligence, concealment and borderlessness, and summarized the basic situation of cybercrime based on the 414 cybercrime cases handled by the W District Prosecutor's Office as a sample, and the black and gray industry chain formed upstream and downstream for the current cybercrime. The problem of research and analysis, and finally put forward the relevant countermeasures of judicial governance

Wang Lianping, a full-time member of the Procuratorate Committee of Xiangcheng District People's Procuratorate in Suzhou, analyzed the characteristics of virtual currency cases, the difficulties and difficulties of investigation, and put forward targeted opinions from a practical point of view, taking the virtual currency cases handled by Xiangcheng District Procuratorate in Suzhou as a model. It also showcased the relevant achievements of the Xiangcheng District People's Procuratorate in combining case handling, improving working mechanism and strengthening theoretical research.

Shang Yintao, assistant prosecutor of the Legal Policy Research Office of Nantong People's Procuratorate, summarized the basic types of virtual currency crimes from several typical cases, whose common features include blockchain technology, network environment platforms, applications and illegal use of information networks, and reviewed the pros and cons of virtual currency management regulations, and finally put forward relevant countermeasure suggestions around blockchain technology.

Senior partner of T&T (Nanjing) Law Firm, Cailing Wu, proposed that the challenges posed by cybercrime to criminal investigation in terms of procedure mainly include difficulties in obtaining evidence and jurisdictional disputes, while in terms of substance, it poses difficulties in conviction and sentencing to criminal trials. In order to deal with cybercrime well, criminal justice should improve the investigation supporting system and jurisdictional consultation mechanism, and balance the relationship between crime fighting and technological development.

Commentary session

Ling Pingping, associate professor of School of Law and Politics, Nanjing Information Engineering University, added three types of risks in the meta universe, namely, the infringement of personal biological information. The devices worn in the meta universe may read personal biometric information, and once this uniquely identifiable information is violated, it will directly endanger the individual, and its effects cannot be eliminated.

Chen Shanshan, associate professor of Soochow University Law School, firstly affirmed the feasibility of jurisdictional negotiation mechanism, and secondly suggested to focus on a specific sample for detailed analysis, and describe the crime phenomenon according to the sample, improve the correspondence and relevance of the data and the thesis, search for the revealed problems in a deeper level, explore the causes of crime, and refine or confirm the criminological theory, which can improve the depth of the article. The depth of the article can be improved.

Associate Professor Liang Yunbao, Southeast University think the first is that the two papers on virtual currencies are very practical and empirical, and then from the position of negative theory, it is proposed that virtual currencies, as special virtual commodities, cannot be considered as property interests in property crimes in China, and that for virtual currencies, based on financial risks and related theoretical and practical considerations, China should continuously improve the relevant legislative provisions of property crimes in criminal law, especially the structure of theft.

III. Seminar Topics

Governance Countermeasures of Network Telecommunication Fraud

The second topic was the governance countermeasures of network telecommunication fraud, which was hosted by Li Xiaoming, Vice President of Jiangsu Criminology Research Society and Professor of Wang Jian Law School of Soochow University.

Speaking session

Jiang Jing, Vice President of the Criminal Division I of Wuxi People's Court, expressed relevant opinions on the presumption of subjective intent of telecommunication network fraud-related crimes from three aspects: the logic of the operation of the black and gray network industry chain, the path and shortcomings of the practical development of the presumption model of subjective intent and the perfection path of the presumption of subjective knowledge, concluding that the boundary between subjective presumption of imputation and objective imputation should be clarified.

Zhang Tao, deputy director of Tongzhou District People's Procuratorate of Nantong City, discussed the issue of sentencing defense of telecommunication fraud crimes, and under the empirical investigation, proposed that the lawyer level should improve the defense quality, the procuratorial level should improve the sentencing recommendation, the court level should reform the court proceedings, and the supporting level should give equal importance to the concept of reasoning.

In his speech, Zhang Qingbin, member of the party group and director of the office of Xuzhou Peixian People's Procuratorate, discussed the legal application and comprehensive social governance of telecommunication network fraud and its related crimes from three levels: the situation of telecommunication network fraud crimes handled by the hospital, the difficult problems of judicial determination and social governance issues, and put forward relevant suggestions to prevent telecommunication fraud such as improving legislation and popularizing publicity to strengthen personal information protection.

Director Zhou Yinkun of the Criminal Case Processing Center of Nanjing Jiangbei New Area Public Security Bureau discussed the current governance dilemma and the way out of the network telecom fraud, analyzed the current governance dilemma of network telecom fraud from the perspective of public security practice, and put forward such governance issues as source governance, joint domestic and foreign governance, hotbed governance, strengthening damage recovery, and strengthening prevention education. He put forward the governance opinions of source governance, joint governance at home and abroad, hotbed governance, strengthening loss recovery, and strengthening prevention education.

Mao Feifei, lecturer of the Department of Investigation of Jiangsu Police College, proposed governance paths and specific measures to deepen the cooperation and exchange between domestic and foreign police, cut off the industrial chain of cross-border network blackmail, strengthen the construction of anti-fraud technology of grass-roots public security organs, and solidify the governance responsibilities of industry authorities.

Mao Feifei, lecturer of the Department of Investigation of Jiangsu Police College, proposed the governance paths and concrete measures to deepen domestic and foreign police cooperation and exchange, cut off the industrial chain of cross-border network blackmail crimes, strengthen the anti-fraud technology construction of grass-roots public security organs, and compact the governance responsibilities of competent industry departments, with regard to the operation process of cross-border telecommunication network fraud crimes.

Commentary session

Li Meijia, senior partner of Jiangsu Lvsheng Law Firm, believed that telecommunication network fraud has triggered a series of social problems and hazards, and further discussed the issues of sentencing defense and subjective intentional presumption, putting forward unique and novel thoughts from the perspective of criminal defense lawyers.

Associate Professor Cai Meng-sheng from the Department of Investigation of Jiangsu Police College shared his insights on thinking about the application of laws and comprehensive social management of telecommunication network fraud. After assessing the social hazards of telecommunication network fraud, he once again emphasized the need to make efforts to combat telecommunication network fraud crimes from the policies of the Party Central Committee on network security since the 18th National Congress.

Ji Yang, associate professor of Southeast University Law School, summarized the presentation of the rapporteur and argued that the current society is implementing the requirement of comprehensive management of telecommunication fraud and has achieved certain results, but beyond this, the number of other cyber crimes besides telecommunication fraud is rising, in response, Mr. Ji Yang made a call to strengthen the comprehensive management of other cyber crimes by thinking from the perspective of criminology.

Finally, the moderator, Prof. Li Xiaoming, made a comprehensive summary and further put forward the thoughts on how to carry out prevention in crime and correction after crime.

IV. Seminar Topics

Prevention of Juvenile Cybercrime and Protection of Juvenile Victims

Moderated by Prof. Yi Jiaqi, Vice President of Jiangsu Criminology Research Association and Dean of Nanjing University of Technology Law School.

Presentation Stage

Wang Wei, Vice President of the Criminal Court (Juvenile Division) of Jiangsu Provincial High People's Court, took the theme of analysis of the causes of juvenile cybercrime and countermeasures, pointing out that the immaturity of juvenile psychology, the confusing nature of the Internet, imperfect education and incomplete social evaluation are the reasons for the increase of juvenile crime, and that the countermeasures should strengthen the education and guidance for minors; optimize the handling methods and improve the legal handling ability. Strengthen comprehensive regulation and promote comprehensive social governance.

Wang Wei, Vice President of the Criminal Court (Juvenile Division) of Jiangsu Provincial High People's Court, focused on the analysis of the causes of juvenile cybercrime and countermeasures, pointing out that the immaturity of juvenile psychology, the confusing nature of the Internet, imperfect education and incomplete social evaluation are the reasons for the increase of juvenile crime, and that the countermeasures should strengthen the education and guidance of minors, optimize the handling methods and improve the legal handling ability. Strengthen comprehensive regulation and promote comprehensive social governance.

Wang Su, Director of the Sixth Procuratorate Department of Nanjing Gulou District People's Procuratorate, took the theme of Research on Cybercrime Involving Minors and pointed out that the main reasons for cybercrime involving minors are inadequate regulations, abstract legal responsibilities, lack of family supervision and parent-child supervision. The main reasons for cyber crimes involving minors are inadequate regulations, abstract legal responsibilities, inadequate family supervision, and parent-child supervision. In this regard, laws and regulations should be improved, legal responsibilities should be strengthened, active supervision should be enhanced, and self-education should be promoted.

Xi Xiaowen, deputy director of the Third Prosecution Department of Wuxi Huishan District People's Procuratorate, took the cases of juvenile hacking and child molestation over the air as a guide, pointing out that the current cases present the characteristics of younger crime subjects, high crime concealment and high commercialization. The Law on the Protection of Minors has a special chapter on Internet protection, which sets higher requirements in terms of functional objectives and obligatory subjects. Xi Xiaowen, deputy director of the Huishan District People's Procuratorate, introduced the intelligent system established by the Huishan District People's Procuratorate with five functions as a whole to implement the responsibility of unprotection through public interest litigation and other means, and argued that the net space of Jinglang requires concerted efforts among all subjects, and that the protection of minors must be placed as a high priority, with emphasis on rule of law education.

Prosecutor Lu Tiantian of the Third Prosecution Department of the Wuxi High-tech District (Xinwu District) People's Procuratorate, with the theme of Research on the prevention and control strategies of cybercrime among minors in the context of state parental authority, pointed out that the problem of minors involved in the Internet has become a difficult point of governance. The initiation of social investigation, conditional non-prosecution, and individualized correctional measures in judicial cases is a manifestation of the concept of state pro-rights, and the current governance system needs to be reconstructed and improved, and the state responsibility model for the prevention and treatment of juvenile cybercrime should strengthen top-level design, combat at source, improve technical intervention means, and activate The state responsibility model for prevention and control of cybercrime among minors should strengthen the top design, combat at source, improve technical intervention means, activate the auxiliary function of family education, and improve cyber literacy of minors.

Shao Jing, assistant prosecutor of the Eighth Prosecution Department of Nantong People's Procuratorate, divided cybercrime among minors into the following categories: cyber crimes against property, crimes committed by using loopholes of third-party platforms, sexual assault cases, cyber violence crimes, etc. She pointed out that cybercrime has shown a trend of diversified and intelligent ways of committing crimes, and should focus on combating the black and gray industry chain that pulls in minors in the governance measures. In terms of governance measures, we should focus on combating the black and gray industry chain that pulls minors to commit crimes, increasing the net-cleaning action of the network environment, improving the critical prevention and recidivism prevention of crimes committed by minors, and ordering parents to receive family education guidance, etc.

Commentary session

Director Zhao Qing of the Eighth Procuratorate Department of Xuzhou Municipal People's Procuratorate summarized and refined the speeches of the six speakers, and considered the six speakers to be logical, well-formatted and highly feasible. In the prevention of crimes involving minors on the Internet and victim protection, it is especially important to analyze and launch precise prevention. In view of the difficulties caused by the endless crime methods in practice for investigation and characterization, theory and practice should be combined to broaden and enrich the research perspective and focus on the positive function of public interest litigation prosecution in protecting minors.

Associate Professor Huang Xuwei of Nanjing University believes that each of the six speakers has its own characteristics. Minor cybercrime involves two levels: prevention of the perpetrator and protection of the victim. The six speakers combined theoretical and practical perspectives, and through empirical analysis, extracted smaller research perspectives such as sexual assault crimes, based on a novel perspective of state parental authority research, combining typical criminological issues with criminal law and doctrine.

Associate Professor Mei Jin of Jiangnan University School of Law thought that the six speakers showed the process and ideas of the case from the perspective of practice, with perfect empirical analysis and high credibility. Associate Professor Mei Jin pointed out that for the issue of follow-up online education for minors, more attention should be paid to the role of individuals in online life; in practice, sexual abuse cases of minors generally involve situations where the family situation is worse, and the relief mechanism for them is more effective; to prevent juvenile crimes, how to coordinate the punitive and protective aspects needs to be considered comprehensively.    

V. Closing Ceremony

Associate Professor Qian Xiaoping, Secretary General of the Criminology Society, summarized the meeting and hoped that the practical community would actively declare the prize for excellent cases of crime governance practice in the future, widely publicize the practical experience of crime governance in our province, and promote the integration of criminology theory and practice. Finally, on behalf of the Criminology Research Society, he expressed his gratitude for the successful completion of the conference, the strong support from the co-organizer Wuxi People's Procuratorate, the co-organizer Wuxi Huishan District People's Procuratorate and Wuxi Huishan District Law Society, and his sincere appreciation for the understanding and support of the experts and scholars as well as the efficient work of the comrades and students of the conference team.