石经海：以法治思维构建网络犯罪防治体系

Core Viewpoint - The increasing prevalence of cybercrime poses significant governance challenges in the digital age, necessitating a shift from reactive measures to a comprehensive prevention and control system, as outlined in the draft of the Cybercrime Prevention Law [1][2]. Group 1: Challenges and Legislative Needs - Cybercrime is characterized by "technology-driven, cross-border collaboration, and ecological symbiosis," which surpasses traditional legal boundaries, creating a chaotic management of online resources and a need for systematic regulation [1][2]. - Existing legal frameworks, such as the Criminal Law and Cybersecurity Law, focus on post-event punishment and lack stringent preventive measures, leading to a fragmented governance structure that necessitates specialized legislation [2]. Group 2: Comprehensive Governance Concepts - The Cybercrime Prevention Law aims to address the unique aspects of cybercrime, emphasizing source prevention, clear delineation of responsibilities, and cross-border cooperation [3][8]. - The draft law proposes a comprehensive management of online resources, including strict regulations on mobile phone cards and online accounts to reduce criminal opportunities [3][4]. Group 3: Ecological Governance Framework - The draft law establishes a full-chain governance framework targeting the entire criminal process, from upstream vulnerabilities to downstream financial settlements, addressing the "industrialization" of cybercrime [5][6]. - It aims to regulate high-risk areas and new forms of crime, including personal information black markets and virtual currency risks, creating a dual defense mechanism [6]. Group 4: Platform Responsibility - The draft law introduces a tiered responsibility system for platforms, requiring them to establish dedicated teams for crime prevention and to comply with specific obligations based on their service type [7]. - It mandates that service providers monitor and report suspicious activities, with penalties for non-compliance, thereby enhancing accountability [7]. Group 5: Cross-Border Governance - The draft law allows for the prosecution of foreign entities that harm domestic interests, addressing the challenges of cross-border cybercrime [8]. - It outlines a collaborative mechanism among various domestic departments and emphasizes international cooperation to combat cross-border offenses [8]. Group 6: Rights Protection - The draft law establishes a multi-dimensional rights protection mechanism for victims, including civil liability for damages and provisions for public interest litigation [9]. - Special attention is given to protecting minors, with specific penalties for violations against their rights [9]. Group 7: Systematic Cybersecurity Governance - The Cybercrime Prevention Law signifies a shift towards systematic and refined governance of cybercrime, aiming to balance crime prevention with the protection of legitimate rights and innovation [10]. - It emphasizes the need for a collaborative governance framework involving legal norms, administrative regulation, industry self-discipline, technical support, and social education to effectively address the complexities of cybercrime [10].