A Comparative Study Of The Criminalizaition Of Pure Cybercrime

Information and Communications Technology(ICT)promotes the process of global informatization,which brings great convenience to people and creates conditions for the breeding of cybercrime.At the current stage,cybercrime has become the largest type of crime in China,and it is also a common challenge faced by all countries around the world.The modes of cybercrime are diverse,the legal interests violated are different,and governance is extremely difficult.There is a type of cybercrime that specifically targets computers and networks through technical means to destroy the confidentiality,integrity,and availability of computer systems and data,which is considered the"core"of cybercrime.In academic research and legal practice,this type of "core" cybercrime is widely recognized as "pure cybercrime".China has enacted the criminal legislation of pure cybercrime earlier in the world,and the accusation system has played an effective role in preventing and combating pure cybercrime in the process of gradual improvement.With the development of technology and society,the relevant criminal legislation also shows some deficiencies,which are mainly reflected in the lack of clarity of the indictment caused by the use of blank indictments for relevant crimes.Article 285 sets the scope of computer protection within the boundary of "State affairs,national defense construction,and cutting-edge science and technology",which is easy to cause the omission of computers and data that should be protected by the criminal law.The second section of article 285 overlaps with the contents regulated by regulation 286.Through the statistics of public judgment documents,the application rate of relevant crimes is very]ow.In the face of the continuous emergence of harmful computer and network abuse,we have to adopt the interpretation method beyond the provisions of the law to make up for the lack of legislation.This not only causes the conflict and tension with the"nulla poena sine lege",but also is harmful to the legalization and systematization of China's criminal regulation of pure cybercrime.Although the cost of legislative amendment is high,a little carelessness may cause adverse consequences.Under certain circumstances,it is necessary to prudently adopt the method of improving legislation to regulate pure cybercrime.In addition,the global nature of the Internet makes cybercrime itself transnational,and most pure cybercrimes cannot be effectively combated because of the lack of effective international cooperation.International cooperation needs the coordination and consistency of pure cybercrime legislation in various countries as the basis.Therefore,the improvement of criminal legislation against pure cybercrime not only needs to face the characteristics of local cybercrime,but also needs to be coordinated with relevant international conventions and other national legislation.Chapter 1 defines the concept of pure cybercrime,analyzes its behavior object and classification from the perspective of information and communication technology,and analyzes its development trend and the challenges to the existing criminal law.Chapter 2 sorts out the current criminal law provisions regulating pure cybercrime in China,and reflects on the shortcomings of these regulations.Chapter 3 focuses on the introduction and analysis of three representative regional cybercrime conventions,as well as the current situation and development trend of criminal legislation regulating pure cybercrime in the United States,the United Kingdom,and Germany.Chapter 4 firstly compares China's pure cybercrime criminal legislative framework with the frameworks of typical countries on a "macro" level.Referring to the report of the United Nations Cybercrime Expert Group and the classification of pure cybercrime in various international conventions,pure cybercrime is divided into three categories:"Illegal gaining access in computer systems","Illegal interception of computer data" and"Illegally interfering with computer data and systems".Then,the criminalization clauses in China's Penal Code that regulate similar behaviors are compared with those of the United States,the United Kingdom,and Germany for "micro" comparison research.The comparison of specific provisions illustrate the general situation of various behavior patterns.Chapter 5 based on the inspiration in the previous comparison,puts forward a specific plan to improve the regulation of China's pure cybercrime criminal law after a comprehensive analysis,mainly including:more accurate definition of terms,clearer crime article design of multi-behavior models,mitigating penalty settings,etc.This paper mainly adopts the methods of empirical research and comparative research.Based on the existing pure cybercrime legislation in China,after comparison and drawing lessons from the beneficial experience of relevant foreign criminal legislation,this paper draws to the conclusion of improvement China's pure cybercrime legislation from the aspects of legislative concept,crime setting,statutory penalty setting and the prospect of dealing with the future legislation of new technology.Under the background of China's future leading information and communication technology,improving China's pure cybercrime criminal legislation plays an important role in domestic technological innovation and social development.It is also of great significance for international cybercrime governance,promoting international cooperation,leading the development of global cyber security and building a community with a shared future in Cyberspace.