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Studies On Cybercrime Related To Property

Posted on:2008-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChengFull Text:PDF
GTID:2166360212493179Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of network technology has not only expanded the existing space range and created a virtual network world, but also enriched the means and constitutions of crimes, leading to the occurrence of a new concept named cybercrime related to property. In light of this crime, the criminal action happens in the suppositional network world, and the object of crime is a series of electromagnetic information which has economic values. All these facts make cybercrime related to property take on some characteristics different from those of traditional crimes related to property and cause a challenge to traditional criminal theories and laws. Without question, studying the cybercrime related to property is very necessary for fighting against it and perfecting the existing criminal laws.This paper, in depth, analyzes the impact that the cybercrime related to property has maken on traditional crimes related to property and discusses the range of property in the network world. We make a clear distinction between completion of a crime and incompletion of a crime, and discuss some criminal actions' imputation and the principle of criminal domination in this field. At last, we give some suggestions on perfecting the existing laws. This paper is organized as the following three parts.Chapterâ… : This section gives a general view of the definition, causes and classification of cybercrime related to property and analyzes. The cyebercrime related to property is a seriously harmful behaviors occurring in the network world with the purpose of deforcing or destroying public and personal property. In this process, network technologies are used and the object is network information. There are some reasons for the rampancy of cybercrime related to property. Firstly, the network technology and equipment has some limitations. Secondly, the cybercrime related to property has the character of getting large income with little risk. Thirdly, faults related law system offer the chance for it. In the end of this part, we analyze network stealing and the detailed means of network fraud.Chapterâ…¡: This part mainly studies the impact that the cybercrime related to property has maken on traditional crimes related to property and the related theories integrity. It is the principal part of the paper. This chapter is divided into four sections. In the first section, we introduce the range of property in the traditional criminal theories, study the attribute of electric money and the network virtual thing etc, draw a conclusion that they have the character of property, suggest on expanding the scope of the existing crime object and taking electronic information as a kind of property. The second part analyzes the status of the computer in the cybercrime related to property, defining the attribute of the behavior inputting a deceitful information to acquire others' property behavior, studies the change of idea that the trend of property form electronically caused and the influence on heist. The third part commences from the character that cyberspace property is always controlled by multi-master, and according to the theory of "lose control add control", we can draw a conclusion that the offense behavior is unaccomplished unless the electric money is out of the victim's control completely. On the foundation of comparing various theories of principles of criminal domination, section four gives some suggestion on how to settle the conflict of criminal domination in cyberspace. That is to say, we shall take the server and the terminal calculator of the network as the locations of committing crimes and take the system bureau area which the offence behavior has invaded and the place where the equipment is located as the place which cybercrime related to property affected.Chapterâ…¢: This part put forward some suggestion on legislation perfection. We should modify penal code Article 265s, adding to the ways of the crime, expanding the scope of the victims, and establish a new accusation with regards to stealing and using the service of network information. We should amend penal code Article 285s and put important economic realm into the protection of the stipulation of this crime.
Keywords/Search Tags:Network property, Crime, Completion of a crime, Criminal domination, Legislation integrity
PDF Full Text Request
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