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Thoughts And Suggestions On The Classification And Order Of Cyber Crimes In Criminal Law

Posted on:2020-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:J Q WangFull Text:PDF
GTID:2416330623972950Subject:Law
Abstract/Summary:PDF Full Text Request
In order to conform to the progress of science and technology and the rapid development of the times,our criminal law has been constantly amended and perfected in recent years,especially the legislation on computer network information system crime has been perfected,and new progress has been made.However,as information network is a new subject,there is still a great room for its integration with law.Based on my previous experience in information technology management practice,the academic circles have not yet been able to make an authoritative definition of improper technological behavior which is not only fully in line with the inherent logic of information technology,but also fully in line with the criminal behavior model.The similarities and differences of different scientific and technological acts and the effective convergence of criminal law related behavior patterns are the effective focus of our criminal law to effectively regulate scientific and technological crimes.This paper combines technical science and legal thinking on the above-mentioned issues,analyses and combs the cyber information crimes involved in the specific provisions of our criminal law,tests the current criminal law items according to the theory of classification and ranking of crimes in the specific provisions of our criminal law,and puts forward its own optimization suggestions.The core content of this paper is developed through three levels.First,it clearly defines the relevant behavioral patterns of computer network information system crime,and on this basis,it analyses the constituent elements and connection differences of the crimes involved.Second,it further discusses the reality of computer network information system crime and other crimes combined with relevant cases.Thirdly,combining the above research process and the actual classification and ranking of crimes in China's criminal law sub-rules,the article theoretically tests the existing provisions of cybercrime and puts forward its own optimization suggestions.The innovation lies in proceeding from reality,integrating the knowledge of law and computer related disciplines,deeply discussing the behavioral patterns involved in computer network information crime,and making reasonable definitions that conform to both legal and engineering fields,in order to distinguish crime from non-crime as far as possible,this crime from that crime,misdemeanor and misdemeanor.The difference and connection of felony;through the study of relevant cases,further clarify the definition standards of such crimes and other crimes in practice;finally,inspired by this research process,the article puts forward reasonable optimization suggestions on the provisions of the criminal law of the related crimes of the whole computer network information system.
Keywords/Search Tags:Crime of breaking computer information system on network, Classification and Sorting of crimes, Crime of Destroying Computer Information System
PDF Full Text Request
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