Study On Certain Problems Of Computer Crime

The level of research about computer crime is low comparatively in china now. We must pay more attention to computer crime. Some scholars are also interested in studying computer crime, but according to the situation now, the research is no system and does not connect closely with the practical activities. The author suggests that there is some wrong with the research orientation. But the more important thing is that some rudimental problems about computer crime are not be resolved very well. So the author wants to do some research about these problems and tries the best to resolve them.The author thinks that the concept of computer crime must obey some principles. Firstly computer crime is a kind of crimes. So computer crime should have the basic traits of crimes. Secondly computer crime is a special crime. So it must have some special traits. These traits can distinguish computer crime from other crimes. According to the theory of Chinese criminal law, the object of crime together with the form of behavior can discriminate different crimes. So defining computer crime should adopt this principle too. The concept of computer crime should be: according to Chinese criminal law, the behavior of harming the security of using computers or computer networks through the computer techniques should be punished. The criminal law of china has some clauses about computer crime. But the lawmaking about computer crime is lack of systematization and specialization. So there are some arguments about computer crime. The author indicates his own opinions about the controversy next. The first problem is about the subject of computer crime. According to Chinese criminal law, only natural people can commit computer crime. Some scholars suggest that the subject of computer crime should be composed of the special people, namely the computer technicians. The author suggests that both human being and units can commit computer crime. It's no necessary to special the subject of computer crime. The second problem is about the form of offence. According to Chinese criminal law, someone only with intent can commit computer crime. The author suggests that someone can commit computer crime either with intent or with neglect. The third problem is about the form of behavior. Some scholars suggest that the form of behavior about computer crime should be narrated as taking computer as criminal tools or illegally manipulating computer. The author thinks that the narration formerly does not reflect the basic traits about the form of behavior. Using computer technique is crucial to computer crime. So it's accurate and suitable to narrate the form of behavior as using computer technique. The fourth problem is about the target of computer crime. According to Chinese criminal law, the target of computer crime is limited as the computer information system, applied programs and data included. The author thinks that the scale is too narrow. Computers and computer networks together with applied programs and data should belong to the target of computer crime. The fifth problem is about the object of computer crime. Some scholars think that the object of computer crime should be the security of computer information system. The author thinks that the narration is not accurate enough. The author indicates the object of computer crime as the security of using computer or computer network. The author also researches something about the penalty of computer crime and lawmaking on the computer crime.Some scholars also argue on the principle of jurisdiction about computer crime. It's a very important problem. The author thinks that creation of computer crime impacts the traditional principle of jurisdiction. Cause there is no distinct boundary in computer crime. So the principle of universal jurisdiction is suitable to crack down computer crime. But it's very difficult to reach in a short time. So we must expand present principle of jurisdiction to solve the conflict temporarily. The author expands the scale of criminal site. The practical connected site...