Discussion On The Criminal Regulation Of Network "Trojan Hacking" Crime

In recent years, increasing development of internet boosts the scale of the network user. Within the process of internet booming, the crime of stealing real property as well as virtual property on internet by"Trojan horse"programs usually happens, and the industrial chain structure has been established that has become one of the most concerned issues on cyber security.In the perspective of Criminal Law, this article raises solutions and suggestions on improving and developing domestic legislation of such crime as network"Trojan hacking"based on the study of the characteristics and patterns of network"Trojan Hacking", as well as some difficult points on identification of network"Trojan hacking".This article is divided into four chapters: Chapter 1, started with the introduction of"Trojan horse"and how it works, and get the conclusion that the"Trojan horse"crime owns characteristics of popularity, publicity, and with systematic organized through the analysis on the processes and practices of"Trojan hacking"crime.Chapter 2, compared the criminal legislation rule between Criminal Law of the People's Republic of China (1997) and Amendmentâ…¦to the Criminal Law of the People's Republic of China.Chapter 3 is the key part of the article. This part practices study on particular difficult problems about identification and punishment on"Trojan hacking"crime.The first section, discuss on the crime charging in different crime stages based on the comparison of various points of view.The second section, discuss on issues about the identification of"the computer information system in the fields of State affairs, national defence construction or sophisticated science and technology".The third section, discuss on how to identify the statements as"the serious consequences"and the"most serious consequences"in Criminal Law.The fourth section, discuss on how to deal with multiple implementations of"Trojan hacking"crime.Chapter 4, in order to solve the problems and deficiencies in"Anti - Trojan hacking crime", this paper puts forward corresponding countermeasures and suggestions on legislation improvement, such as putting the virtual property into the protection scope of criminal law, adding qualification penalty and related new charges.