to prove that the perpetrator has a direct intention to
manipulate the will of others.
In terms of evidence rules, we can try to establish
a "psychological trace identification" system, and
authorize judicial identification institutions to
conduct psychological analysis of chat records and
behavior patterns with the assistance of psychological
authority departments to confirm whether there are
manipulative interaction characteristics (Ministry of
Public Security of the People’s Republic of China,
2019).
4.2 Design a Sentencing Gradient
Model
In view of this possible new crime, it is suggested to
divide the harmful consequences into three
quantitative standards: the first is to cause serious
mental disorders or suicide consequences, sentenced
to more than five years of imprisonment; Secondary
causes impairment of social function for more than
three months and is sentenced to fixed-term
imprisonment of not more than three years. If level
three is potentially dangerous but does not cause
substantial damage, he shall be sentenced to criminal
detention or public surveillance(Supreme People’s
Court of the People’s Republic of China, 2020).
When sentencing, the degree of specialization of
technical means should be comprehensively
considered, and those who use psychological
professional methods to implement manipulation
means should be severely punished, reflecting the
evaluation principle of "technological malice".
4.3 Innovate Judicial Identification
Standards
It can also make innovations in judicial determination
standards. It is suggested that the Supreme People's
Court should issue a special judicial interpretation to
clarify that the identification criteria of
"psychological manipulation behavior" should meet
both: (1) the behavior pattern conforms to the
psychological manipulation theory model; (2) there is
an obvious power dominance relationship; (3)
cognitive dependence results. In terms of proof
standards, the compound identification model of
"dominant evidence + expert assistance" can be
adopted, allowing the use of big data behavior
analysis reports as evidence reinforcement.
4.4
Establish a Collaborative and
Co-Governance System
First of all, we will establish an inter-departmental
coordination mechanism to enable close cooperation
among public security, judicial, cyberspace and
financial departments. With their advantages in
investigation, public security departments are
responsible for investigating cases and arresting
criminals. Judicial departments provide legal support
to fight crimes and ensure fair and lawful trials;
Internet and information departments use
professional technology to help monitor cybercrime
clues and track criminals' online movements; The
financial sector plays a key role in the upward flow of
funds, cooperating to intercept the flow of funds
involved and prevent victims from suffering greater
losses. All departments hold joint meetings regularly
to discuss the difficulties in the process of case
detection, share experience, formulate targeted
coping strategies, and form joint forces in the fight
(Feng, 2023). At the same time, the training of
professional quality law enforcement personnel has
been strengthened. We will organize special training
on psychological manipulation techniques, invite
psychological experts to interpret criminal
psychology, and network security technicians to
explain the latest means and tracking technology of
cybercrimes. In addition, it will carry out
international cooperation, participate in various
activities of international law enforcement platforms,
establish transnational cybercrime information
databases, break geographical restrictions, and jointly
crack down on cross-border cybercrimes.
4.5 Improve Technology and
Preventive Measures
Increase investment in research and development of
artificial intelligence, big data and other technologies
in the field of anti-fraud, use artificial intelligence
algorithms to monitor interactive information on
social platforms, detect suspicious emotional
induction, misleading information and other signs of
psychological manipulation in a timely manner, and
issue early warnings. For example, an intelligent
monitoring system developed by a research and
development team of anti-fraud technology, through
the study and analysis of a large number of online
transaction data, can send an alarm at the moment of
abnormal transactions, and effectively intercept a
number of online fraud cases (Zhang & Zheng, 2023).
Strengthen the supervision of online platforms so that
they can effectively fulfill their main responsibilities;