The Legislatio On Computer Crime

With the development of computer science and technology and wider use of the Internet, information technology applications in our daily lives has become increasingly common and the impact of various aspects of greater and greater, followed by computer crime has become worse.Although China's computer crime in developed countries, it is not serious, but with the accelerated process of China's information, Internet users continues to grow, our existing computer criminal law can not effectively combat crime, western countries are facing a very grim situation may be China's future will be the same face, so plan ahead, to strengthen research on computer crime, computer crime legislation to improve the very important significance. Compared to the popularity of computer information technology and development, China criminal theories on computer crime research is lagging behind, so there must explore how this level of criminal legislation to further strengthen the regulation of computer crime, to effectively combat criminal computer crime. This article is divided into four parts, the main language of thinking is:explain the facts, analyze the situation, identify shortcomings and how to solve the problem.This brief analysis of the first part of the foreign computer crime legislation overview of computer crime through the production and development trend of the developed capitalist countries of computer crime legislation, and the legislation's reference to China, which leads to the second part of this article our existing criminal law on computer crime regulation. In the second part of the Crime of the angle of the first 285,286,287 3 China's current criminal law against computer crime provisions in a detailed analysis, through analysis of the existing criminal law to avoid computer-related crime, which leads to the third part of this article Current problems in criminal law (of computer crime legislation and judicial conflicts). The third part through the analysis of the problems in judicial practice, China's current criminal law to reveal the inadequacies, the major provisions in criminal behavior is not comprehensive, statutory light penalties, the main unit of crime focus on three aspects of Queshi explained, analysis of the problems that lead to this fourth part of the reconstruction of computer crime legislation. The fourth part is the main innovation of this article where the author explained through the analysis of the first three parts of our future computer crime criminal legislation put forward their own views on that legislation to amend the existing criminal law to increase the new computer crime charges, the criminal law the establishment of a chapter in computer crime, involved in the development and accession to relevant international conventions, for our future from the perspective of the criminal law to effectively combat computer crime legislation to provide insight.