Research On Improving The Criminal Legislation For Computer Crime

As it is widely applied and increasingly infiltrates the global economy and social lives, computer crime in growing complicated and continuously spreading as a new crime generating from this information time, and it becomes one of the focal points at present arousing broad attention from home and abroad. Whether the criminal law lying in the status of backing law and aegis law in the national law system has enough reasons to intervene in this domain and how large extent this law intervenes in it to can realize the purpose to punish and defend crimes, guarantee the freedom of the publics and their legal rights and interests and, facilitate the social progress and civilized development. Basing on two angles of the fact and the norm, this article analyses the features and harmful effects of computer crime, defines computer crime and elaborates the grounds and reasons of criminal legislation for computer crime. Meanwhile, it also draws on the experiences of foreign similar legislative activities, and brings out additional comments combined with judicial practices in China according to defects and deficiencies of criminal legislation as reference to the theoretical field and practical departments.