Research On Information Crime

Information crime is the special product of information society which is a new form of crime different from any type of traditional crimes. However, the current criminal laws and constitutions are based on the objective world and the research on information crime also interpret information crime from the perspective of reality space. So the writer of this paper holds that research on information crime should base itself upon information space and the nature of informational criminal act.The first chapter is information and information crime. Following the thinking of information, information society and information crime, this paper discusses information within the field of criminal law and provides theoretical foundation for the study of information crime. Generally speaking, the developing phases of information crime are closely connected with the development of information technology. The initial stage of computer development is symbolized by single computer, so the information crime of this period was called computer crime. As the development of information technology, more than one computer are connected to form the network and information developed into the network era. So information society formed and information crime of its full meaning appeared. Information crime becomes one category of criminal law. Information crime can be divided into the following types according to its manifestation: invading type, robbing type , destroying type, spreading type, forging type and stealing type.The second chapter is the space of information crime—information field. The emergence, implement and result of information crime are all within the information space, so information crime must have the original characteristic of information field. The concept of information field is a kind of creation of the writer. The study on information field is constructed basing on the basic theory of information communication. According to the heterogeneous characteristic between information space and reality space, the writer proposes a design of criminal jurisdiction constitution which is centered by principle of nationality and combines with victimsim, the principle of first acceptance and corditional acknowledgement of abroad judgement.The third chapter is object of information crime—legal interest of information. The nature of information crime and the basic distinction of it from other traditional types of crimes is the object of information crime—legal interest of information. Legal interest of information is a kind of legal interest totally different form traditional ones. In detail, legal interest of information can be divided into the following types: one concerning property and one concerning right. Legal interest concerning property can be further divided into knowledge property and virtual property such as game equipmeng, ID in information space represented by QQ number ,etc. The third is useful information including economic information and political, cultural and military information. The forth is information resources such as radio frequency channel, number resource, name of information space,etc. The fourth chapter is the constitution of information crime. From the perspective of act, the act of information crime is a kind of logical act combining human being and computer which is complex. The process of it is vague and the subject of it is absent. Seen from the structure of the result of information crime, it has two levels which are result of information space and result of reality space. However, these two levels of result is the result of criminal act although they appear in different spaces. So it is one result according to the assessment of criminal law. At the same time, information crime is complex, uncertain, nonmaterial and anticipation in the information era. It is the constitutive requirement of information crime. In other words, in the theory of the constitution of information crime, technology probability is the general requirement which can judge all kinds of information crime instead of being the exceptional status of probability of anticipation in the traditional theory of criminal constitution.The fifth chapter is the study of joint offense of information crime. The virtual and transpace characteristics of information field enrich the theory of joint offense. Criminal agreement can be divided into melting type and integrating type according to its intrinsic sematic scope. The integrating type can only exist in information field. Based on this, one—side accomplice becomes a normal criminal type in the information field.