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随着云计算时代的到来,网络空间又出现了一些新的异化现象,传统网络犯罪的刑法规制难以规范某些新兴问题。譬如如何定义云端主机?过失行为在云计算时代有没有入罪的必要?物理破坏计算机网络及其云端主机的定性是否应该重新审视?这些都是我们应该思考的问题。本文将就此谈谈自己的一些拙见,以期学界指正。
With the advent of the era of cloud computing, some new alienation phenomena have appeared in cyberspace. It is difficult to standardize some emerging issues in the criminal law and regulation of traditional cybercrime. For example, how to define a cloud host? Misconduct in the era of cloud computing have not been involved in the crime of physical damage to the computer network and its cloud host should be re-qualitative? These are the problems we should think. This article will talk about some of my own humble opinion, in order to correct the academic community.