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A Study Of Prevention And Control On Cyber Terrorism Crime From The Perspective Of Overall National Security

Posted on:2021-04-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:1366330623477128Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
General Secretary Xi Jinping pointed out at the first Internet Conference that "there is no national security without network security." With the advent of the new Internet era,terrorism,the greatest threat to human and national security,has evolved and evolved from traditional off-line threats to a new type of terrorism combining traditional and modern cybercrime.In recent years,the increasing number of cyber terrorism and cyber terrorism crimes at home and abroad has not only threatened the domestic security of sovereign states,but also caused great damage to the security of the international community.Cyberterrorism crimes also pose new challenges to our national security.Overall national security concept at present,the threat of cyberterrorism presents many new features.Cyberterrorism crimes have shifted from object-oriented to space-based,from unidirectional to cross-type,and they are specialized,intelligent,decentralized,and hidden Stronger.The traditional means of preventing and combating terrorist crimes are stretched out in the face of cyber terrorism crimes and cannot play an effective role in prevention and control.Against this background,the prevention and control of cyber terrorism crimes should emphasize systemic and open governance concepts,and should also shift from a single governance mindset to a comprehensive preventive strategy.Cyberterrorism tests the systematic construction of the domestic rule of law,early warning mechanism,financing system,and international cooperation strategies.From the perspective of the overall national security concept,combining the new connotation and new strategy of the overall national security concept,the effective prevention and control of cyber terrorism crimes has become a new topic of the times.At present,there are institutional obstacles to the prevention and control of cyber terrorism in China and the international community.From a domestic perspective,China has not yet played an active guiding role in the overall national security concept in the prevention and control of cyber terrorism.National security has rich connotations,including internal and external security of a country,as well as nationaland national security,traditional security and non-traditional security,development issues and security issues,and its own security and common security.General Secretary Xi Jinping made a new interpretation of national security at the first meeting of the Central National Security Council,and proposed 11 types of national security:political security,homeland security,military security,economic security,cultural security,social security,and scientific and technological security,Information security,ecological security,resource security,nuclear security.From the perspective of features,the overall national security concept is rich and diverse,multi-layered,three-dimensional,dialectical,and dynamic.These characteristics make the overall national security concept provide a richer perspective for the prevention and control of cyber terrorism.At present,there is a lack of domestic preventive legislation on cyber terrorism crimes.This deficiency is not only manifested at the institutional level but also at the practical level.In addition,there is a lack of comprehensive prevention and control measures,including inadequate financial and early warning mechanisms It is necessary to establish a more comprehensive prevention and control concept under the new security concept and establish a new prevention and control strategy.From an international perspective,the prevention and control of cyber-terrorism crimes under the overall national security concept cannot be confined to one country.The prevention and control of cyber-terrorism crimes require the mutual assistance and cooperation of countries around the world.However,at present,countries in the world often adopt "double standards" when dealing with cyber terrorism,and the foundations of legal cooperation,technical cooperation,and intelligence cooperation are not solid.It is urgent to build an international system for cyber anti-terrorism.In such a situation,how can the overall national security concept be used to guide cyber terrorism prevention and control? How to integrate the concept of the overall national security concept into specific institutional measures to prevent and control cyber terrorism crimes? In order to solve these problems,the article explains the integrity of the cyber terrorism crime prevention and control mechanism under the overall national security concept.The introduction part briefly analyzes the research background,research significance,research status,research methods and research framework of cyberterrorism crime prevention and control from the perspective of overall national security.The first chapter put forward the general national security concept and its guiding significance to China's anti-terrorism.This chapter uses the literature research method to explain the background,basic connotation,goal pursuit,and actual application of the overall national security concept.The article believes that the rich connotation and characteristics of the overall national security concept have put forward new requirements for cyber anti-terrorism.In the context of the new national security concept,we must first clarify the implementation of the overall national security concept,and then dig deeper into the overall national security concept for China.The guiding significance of the new counter-terrorism strategy.The second chapter analyzes the background of cyber terrorism.This chapter sorts out and elaborates the connotation of cyber terrorism,and clarifies the evolution,reality and development of cyber terrorism.The article analyzes the connotation of cyber terrorism and its stage characteristics,and points out that cyber terrorism crimes have the characteristics of complex subjects,broad objects,low cost,and hidden organization.The new trends of cyber terrorism crimes at home and abroad are summarized.It is the use of network financing,dissemination of ideas,development of members,liaison and use of the network to carry out terrorist attacks.The characteristics and new trends of cyber terrorism crimes pose severe challenges to overall national security.Therefore,we should optimize the strategy and path of cyber terrorism crime prevention and control under the guidance of the overall national security concept.Chapter III The Predicament of Cyber Terrorism Crime Prevention and Control in China.Judging from the current situation in our country,China has made some explorations in the legislative financing mechanism,early warning mechanism and international cooperation mechanism,but there are still many shortcomings.These shortcomings make weak links in the prevention and control of cyberterrorism crimes,leading to cyberterrorism.The effect of the prevention and control of doctrine is greatly reduced.Therefore,it is necessary to analyze the current dilemma of the prevention and control of cyberterrorism in China,and then lay the foundation for putting forward targeted and perfecting countermeasures.This section focuses onXin-depth analysis of the preventive legislative system,early warning mechanism,financing prevention and control mechanism,and international cooperation in cyber terrorism prevention and control.It examines China's cyber terrorism prevention and control strategy,prevention and control system,and prevention and control measures.There are many deficiencies.Chapter IV The Value Position of Cyber.Terrorism Prevention and Control from the Perspective of General National Security Concept.This chapter clarifies the value selection and policy positioning of cyber terrorism prevention and control from the perspective of the overall national security concept.In terms of value selection,the value concept of cyber counter-terrorism should be fully optimized,and the value guidance of the overall national security concept to cyber counter-terrorism should be promoted to form a four-in-one cyber counter-terrorism concept,that is,a governance-centered counter-terrorism concept and a sound rule of law foundation The anti-terrorism view of education has shaped the anti-terrorism view with education as the core and the anti-terrorism view with the focus on prevention.Regarding the policy positioning of cyber terrorism prevention and control,first of all,we should adhere to a scientific overall strategy,with social development as the primary goal,taking into account non-traditional security methods to prevent and control cyber terrorist threats,and using various methods such as law and finance to prevent and control Cyber terrorism;Secondly,we must strictly grasp the criminal policy of cyber terrorism crimes,clarify the basic position,overall positioning and basic model of the criminal policy of cyber terrorism crimes,make the criminal policy consistent with the value guidance of the overall national security concept,and strengthen the network The value basis for the prevention and control of terrorist crimes.Chapter V: The Prevention and Control Path of Cyber.Terrorism Crimes from the Perspective of General National Security.Under the overall national security concept,the prevention and control path of cyber-terrorism crimes should emphasize the overall and interactive governance concept,and build a multi-level prevention and control path.The first is the rule of law and counter-terrorism.To further improve the legal system for the prevention and control of cyber terrorism crimes,it is not only necessary to amend the "Anti-Terrorism Law" and other specialized laws,but also tomake use of the regulation of departmental laws,and to improve anti-terrorism early warning legislation and anti-terrorism financing legislation.The second is preventive counter-terrorism.Macroscopically,in view of the deficiencies found in China's current review of preventive counter-terrorism legislation,a preventive counter-terrorism legislation system should be established,preventive criminal legislation should be strengthened,and the cohesion mechanism between laws on crime prevention should be coordinated.On the micro level,we need to improve the legal institution system,standardize the setting of crimes and penalties,adjust the treatment of property penalties,and optimize the identification mechanism,etc.,and then build a preventive anti-terrorism criminal legislation mechanism in line with China's national conditions,which not only guarantees the prevention of the law,but also needs to prevent the law from expanding too much In the end,the goals of preventing and punishing crimes and protecting human rights are achieved.The third is technical and tactical counter-terrorism.Establish an early warning mechanism for the prevention and control of cyber terrorism crimes,and create an efficient terrorist intelligence collection and exchange model to ensure that the early warning mechanism is accurate and effective.First of all,the cyber anti-terrorism early-warning organization structure should be improved,and the duties and responsibilities of each early-warning agency should be clarified through legislation;in actual early-warning,the role of early-warning awareness should be enhanced.Secondly,to strengthen the intelligence analysis capabilities of cyber terrorism crimes,it is recommended to clarify the counter-terrorism early-warning intelligence content,give play to the core role of human intelligence analysis,and timely grasp the data and information stored on network servers.Positive role in intelligence collection,expanding intelligence coverage and accuracy.Finally,we must ensure the material and technical guarantee of the early warning mechanism,and use the comprehensive guarantee mechanism to realize the function of the early warning mechanism.The fourth is financial counter-terrorism.Further improve the cyber anti-terrorism financing supervision mechanism,and provide legal system guarantees for cracking down on cyber terrorism financing through improving legislation and mechanisms;in addition,we must strengthen the building of financing functions and strengthen financing supervision and judicial cooperation.Fifth,global counter-terrorism.Strengthening international cooperation in cyber anti-terrorism.Under the premise of adjusting the international work strategy,the anti-terrorism centers of the countries along the “Belt and Road” will be established to deepen international cooperation in the prevention and control of cyber terrorism.In summary,through the improvement of the legal system,early warning mechanism,financing system,and international cooperation mechanism,cyber terrorism crimes are effectively prevented and controlled under the overall national security concept,and China's national security is effectively maintained.
Keywords/Search Tags:overall national security outlook, cyber terrorism, prevention and convention on crime
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