Studies On Crimes Through Computers And Its Precautionary Measures

Computer crime is a new kind of crime in our country. In judicial practice few offenders are punished for lack of applicable legal code, and therefore negligence about this kind of crime is often caused. It has formed a striking contrast that the harmfulness of this crime is serious but the punishment is mild, that the cost and risk for committing computer crime are low but the rate of success is high and the benefit received is plentiful. In recent years computer crime is becoming rampant both at home and abroad. The study on computer crime is increasing. In this paper, the writer sums up the study on computer crime in recent years, and on the basis of which,the writer sets forth her own understanding and viewpoints.This paper consis of four parts as follows: Part one introduces the origin, characteristics, and developing tendency of computer crime. It is hoped that readers can gain a basic understanding of computer crimes and thereby increase their concern about computer crime. By analyzing the developing tendency , a foundation is laid for part four.Part two introduces the definition of computer crime. As to what computer crime is, theorists in judicial world have different viewpoints. The various explanations of the definition of computercrime can be roughly classified into three kinds--computer crimein a broad sense, computer crime in a narrow sense and computer crime in eclectic sense. This paper analyses the above-mentioned three viewpoints about computer crime and proves their shortcomings. On the basis of exploring the various conceptions the writer redefined computer crime and set forth a new and original view as follows: "Computer crime is the behavior of the person who brings serious harm to society by using computer as a tool and by using the technology of computer information and specializedknowledge to illegally to encroach on the safety of computer and its network. "Part three analyzed the components of computer crime and set forth the writer' s own view. It is thought that so far as the subject is concerned, . the corporation should also thought to be the subject of the crime. Computer crime is usually committed on purpose or due to negligence. By comparing and analysing the classifications of computer crimes by the scholars of the United Nations, German, Japan, France, Russia, Taiwan of China, and the classifications by our legislation. The readers will have a deeper understanding about the conception of computer crime.Part four introduces the status of legislation abroad and in our country as well. Some valuable exploration and feasible proposal are provided so as to make the legislation perfect.When the criminal law of our country was revised in 1997, the clause computer crime was properly added in, which has played an important role in preventing computer crime and promoting the healthy development of computer technology in our country. At the same time we must see that the present legislation against computer crime is far from meeting the need of present situation. In the age of knowledge economy, great importance is attached to the protection of technical knowledge of information in all countries. Therefore it is an urgent task to carry out the theoretical study on computer crime and strike relentless blows at the criminals so as to ensure the safety of network and normal work of computers. This is the purpose of writing this paper.