随着互联网的飞速发展,网民数量的快速增加,网络色情犯罪急剧上升。目前,司法机关在办理此类案件时,根据相关司法解释,以“实际点击次数”作为定罪量刑的依据。由于点击率受软件造假、专人制假、源头造假等因素的影响,其真实性难以确定,因而法院在判决时应综合考量。 With the rapid development of the Internet, the number of Internet users has increased rapidly, and cybercrime crimes have risen sharply. At present, judiciary in handling such cases, according to the relevant judicial interpretation, “actual clicks ” as the basis for conviction and sentencing. Because click-through rate is affected by such factors as software counterfeiting, counterfeit hand-making and source counterfeiting, its authenticity is difficult to be determined. Therefore, the court should consider the verdict in its judgment.