网络有偿删帖发帖的入罪路径探讨

司法解释将有偿删帖发帖行为规定为非法经营罪,这一方面不符合非法经营罪的罪质特征,另一方面违背刑法体系解释的解释原理。司法解释的不断出台需引起我们反思,从罪刑法定原则出发,非法经营罪的口袋化趋势急需遏制。

Review of Criminalization of Internet Information Deletion and Publishment

Judicial interpretation has ruled the paid service of Internet information deletion and publishment as the crime of illegal business operations. While,the conduct,on the one hand,does not comply with the characteristics of the crime of illegal business operations,on the other hand,it goes against the principle of systematic interpretation. In fact,we need review the phenomenon that varieties of judicial interpretation keep introducing. From the principle of legality,the pockets trend of the crime of illegal business operations is in desperately need of stem.