The Punishment And Prevention Of The Cyber Crimes: Actualities, Problems And Measures

Today, with the development of the information technology, the Internet affects our lives by all kinds of ways. When we admire the development of the technology, we also have to confront with its disaster——the cyber crimes. Being a new form of crimes, the cyber crimes is different from the traditional crimes. For example, the offender generally has high intelligence, or the crimes cannot be concealed easily, or the technology applied in the crimes is very complex, etc. All of these problems cause the crimes more and more rampant, and the security of the Internet is under grave menace. Why it can cause such grave affairs? The main reasons are that the Internet is a new social field withnot the restriction of the law totally, and the laws which crack down on the traditional crimes are not suit for it. Furthermore, the legislation on the cyber crimes drops behind the crimes, and it causes the Internet space under no government. For the vast harm of the cyber crimes, the punishment and prevention of the cyber crimes are the urgent affairs of the nations. This paper set out from the concept of the cyber crimes, analyzed the actuality of the crimes and the legislation in the world, and then put forward the deficiencies and defects in the international legislations, the international judicial assistances and the internal legislations. At last, I provide some corresponding measures to the problems, which I believe that they can keep the cyber crimes within limits, and can promote the emergency of the special laws. Part one considered the actuality of the cyber crimes. In this part, I emphasized that the legislation on the cyber crimes produced with the development of the cyber crimes. When the Internet was produced, it became the object of the offenders, and it became the new field of the crimes. Especially along with the development rapidly these years, the crimes to the Internet became more and more common. The age of the offender became more and more smaller, the object of the crime became more and more wide. From the person to corporation and nation, they all can be the victims of the cyber crimes, and the crimes caused more and more serious consequences. To the cyber crimes, the nations take many positive measures. Especially in the developed countries, since the computer technology had developed for a long time, and the Internet technology level was very high, so they had many experiences to strike with the cyber crimes, and they had much perfect criminal legislation to the cyber crimes. Although there were many disparities in the management of the computer systems between our country and the developed countries, but with the deep application of the computer and internet in our country, we should make great efforts to punish and prevent the cyber crimes, establish a series of statutes to restrict internet deeds in order to keep up with the international circumstances and protect our benefits actually. Part two of this article is about the problems existed in the punishment and prevention of the cyber crimes. There are many differences between the cyber crimes and traditional crimes, and these give a great impact on the existed criminal law, the criminal proceeding law and international criminal judicial assistances. Meanwhile, these problems caused the conflicts between the traditional criminal theory and practices, caused many problems about the criminal legislation. Firstly, the Internet connects the persons, the computers and information altogether, it formed a new space for social life and communication. Itdistinguished from the space we lived. It is not an objective space, but a digital dummy space. Based on this feature, the traditional jurisdiction cannot solve the trial conflicts among the countries. Although there are new theories to solve the jurisdictional problems, for example, the exemplified theory, these are also many defects in these new theories. They are not mature, and they cannot solve the conflicts on jurisdictions properly. Secondly, in the face of the international trend of the cyber crimes, the international judicial assistances also fall under the affection. The restrictions by some special principles cause the extradition cannot exert its functions. In addition, we should perfect our internal legislation. On the imputation, there are many crimes which should be added to the internal criminal law; About the offender of crimes, the corporations also can commit the cyber crimes, so they should be punished just like the natural person; In the subjective respect, reckless crime should also be punished; On the evidence, we should accept that the digital evidence can be considered as normal evidence; On the penalty, we enhance the forfeit and the imprison. Part three of this article is about the measures that should be taken to punish and prevent the cyber crimes. Generally, the criminal law should be used as the latest method to punish the person. Only when the social main bodies cannot tolerate the deeds, and only when other methods cannot adjust them, the criminal law emerges as the latest penalty. It is same to the cyber crimes. We should constantly sum up the experiences and lessons during the strike to cyber crimes, and then we can complement and perfect the legislation, and we can prevent and control the complicated cyber crimes. Firstly, to the cyber crimes, we cannot rely on the power of a single...