On Network Crime And Its Prevention

Network brings substantial conveniences to people's lives and it provides a wider space for their free development. However we should be soberly awared that network can be "two-edged". Network crimes fall stealthily with the accompaniment of this great welfare at the same time. Surfing on the internet , it would be inevitable for us to find a mass of"rough stuff"spreading here and there , "hacker"indulging so violently, gambling field occupying everywhere, selling drugs without restraint, fraud undergoing savagely , stealing properties and scattering heresies being observed commonly, trespassing upon others'intellectual property and rights of privacy, distributing negative speech as well. High-tech garden of internet becomes the seedbed of crimes, and a variety of crimes are being bred. Therefore all of these produced great disasters to the society. The extent and depth all the disasters have caused should be unprecedented. Network crimes have really threatened our society: gravely endangering the existence and development of internet; directly affecting the ordinary operative system of our politics, economy and culture . They are growing to be the greatest trouble at the age of information. Searching for the measures of preventing and controlling crimes has become a historical task at the age of internet science and technology. In view of the status of network crimes, this thesis trying to make the best use of various representative data mainly analyzes the deep reasons of criminal behaviors and finds out general measures for the problem. The object is to enhance judicatory practice and to present references as for constructing tri-dimensional net of preventing and controlling crimes. Consequently, the whole thesis is divided into three parts, attempting to do some superficial discussion concerning the problem of network crimes and its prevention and controlling. The first chapter deals with the survey of network crimes. First of all, it discusses deeply the definition and classification of the network crimes by introducing some relative conceptions of them, making people understand the crimes from sensibility to sense. Secondly, it cleans up the characters of the crimes from every aspect, summering up altogether eight characteristics of them. All these ones outline vividly the basic status of the crimes, indicate the inner rule, and provide more accurate cut-in point. And lastly, it concludes the types of network crimes. By way of the domestic criminal cases and foreign ones, it analyses the usual types, such as net eroticism, net trespass on privacy and intellectual property, net fraud, net gambling, and net money laudering,making people understand further the range and relative fields of crimes. The second chapter mainly analyzes the reasons, harm, new trend and the status of prevention and controlling as far as the network crimes concerned. The main goal is to reflect the inner rule and obtain some enlightenment. First of all , it analyzes the reason of network crimes from two aspects:subjective side and objective one,digging out all-sided elements, including criminal mentality , moral defect,the fragility of the net itself, and the lagging behind of net legislation. From the analysis, we can see the reasons are rather complicated. Therefore the preventive ways and measures should reveal its complexity. Secondly, it illustrates different concrete forms of the harms. It convinces people that network crimes has brought immense losses to our country, endangered enterprise seriously, and damaged people's lives and properties. Accordingly ,the necessity and the importance of the searches of prevention and controlling network crimes should be taken more seriously. And then it investigates new trend of network crimes. According to some net criminal investigation,network crimes are extending with the rapid development of net use. Those cases always break out at financial system. Net eroticism cases take a high proportion. Financial crimes making use of network and the cases of endangering national safety are increasing. The rising trend indicates that network crimes must draw some relative departments intense attention. Besides that, it is sharply urgent for us to strength measures of prevention and controlling network crimes and to promote the blowing intensity. Finally, through the analysis, the thesis demonstrates the existing problems of the status of prevention and controlling. One is the lagging behind of safety technology and consciousness. The otheris that the supervision and management and law means like punishments are relatively weak. The third aspect is that academic search is rather feeble. It anatomizes the reasons and helps to enhance the pertinence of the measures of prevention and controlling network crimes. The third chapter reinforces the studies of countermeasures. Consider thoroughly the following five aspects: net morality; net technical prevention, net legislation, net social prevention and international judicatory cooperation. Firstly, supervise the net morally. The dummy nature of the net communication weakens people's morality, leading them to hypocrisy. We have to strengthen moral education, advocate net civilization, get them into the correct values of morality, only by doing this , network crimes can be prevented and eliminated. Secondly, supervise the net technically. This is the basis method to prevent network crimes. Network crimes refer to those that are done by way of computer and net techniques. Therefore, the prevention should firstly depend on technical ways. The main technical arrangement includes three aspects: physical safety, safety controlling,and safety services. The third is to perfect legislation, and set up a law order through the net. In 2000, our country o enacts five rules of law in succession that brings internet into legal system. There is still no special law concerning net safety. The existing protective ordinance on safety belongs to administrative ones. The efficiency and authority are relatively low in our national legal system. While among the regulations on net criminals in our criminal law, criminal object and composing elements are rather narrow, there are no regulations about those multinational crimes like "hacker"problems. This situation doesn't adapt to the development of computer and net techniques. Therefore the special law on computer safety should be regulated. Besides that, personal use of internet to put out and spread information should also be examined and approved. The advertisement, E-commerce taxation, net intellective property protection should be regulated by way of legislation. The fourth is to strength social prevention of network crimes. The nation, the enterprise and the individuals should together play important roles in preventing the network crimes. The fifth is to strength the judicatory cooperation among countries, improve the communication and consultation among governments,and regulate the striking activities of crimes. Those above five aspects take net spiritual civilization construction as core , improving net techniques as way, building and perfecting legal controlling system as guarantee, strengthening national net management and personal prevention actively as method, reinforcing international judicatory cooperation as alliance ,constructing the method of preventing and controlling network crimes. Network crimes and the prevention consult on one hand foreign experiences, on the other hand we should consider our own situation. Yet we have reason to believe that through scholars'appealing, judicatory carriers'efforts, common people's supports and the final amendment, a safety network information environment must be presented in front of us in the near future.