| Cybercrime is the new technical crime that accompanies with information revolution development step by step, and invades into every field of social life with increasing severity, even overflows quickly. Inevitably, its appearance has caused a series of theories in criminal law as well as cognizance of specific justice. It has put forward new project for the establishment and application of criminal law. Cybercrime has not only been the concept of criminology, also should be the one studied by criminal law.Studied from criminal law, Cybercrime denotes the behavior who should undertake criminal responsibility according to law, and implemented with electronic data form through information network, using the informative process equipment such as computer and network. It has three characteristics including IT of criminal means, the fictitiousness of criminal space and the universality of criminal object. Network crime is divided into three types including criminal by network tool, object criminal and criminal for network profit:According to the basic theory of crime constitution, Cybercrime includes basic key forms such as subject, subjective aspect, object and objective aspect. For object, what Cybercrime intrudes is complex object. On the one hand, it causes serious damage to the management order of network. On the other hand, also often endanger directly other social benefits seriously. The criminal object intruded directly is network data. In such Cybercrime, the most harm behavior is action, also may be non- action, but not excluded in some conditions. The subject of Cybercrime is normally common subject, including natural person and unit. Criminal subjective aspect may be intentional or fault.As a kind of new communication tool, network establishes new contacting ways for traditional criminal intention, which distinguishes network common crime more complex than tradition crime. , It needs to earnestly analyze subjective intention and objective behavior way from each behavioral person. Only if each behavioral person subjectively have common meaning liaison, objectively each network technology behavior form one unification of criminal activity on mutual coordination, as may be recognized as network common crime.Cybercrime often arouse dispute in justice cognizance, because the objective expression form that crime presents based on its technical property is relatively complex.In judicial practice, being common but again easily causing dispute, there are the 6 kinds of Cybercrime: crime for invading illegally computer network system, crime for destroying intentionally computer network system, Cybercrime ntruding copyright, network crime of fraud and crime of network obscene propagation and network gamble crime. These crimes in network space, have various problems in subjective criminal intention, objective behavior, criminal object and criminal form. Only earnest anatomy is rather helpful for judicial cognizance.From April 4, 1973, Sweden, first on world, constitutes the first law that contains the law for computer network criminal punishment. Hitherto, there are more than ten countries that constitute in succession some laws of punishing Cybercrime. Surveying the Cybercrime legislation in the major nations and regional organizations such as America, France, Germany as well as European Union, on contrast present situation of network legislation in our country, we may discover the problems of network legislation in our country that it is narrow in punishment scope, accusal installation is few, punishment means is unitary, and terminology is non-standard etc., which need to be improved in legislation. On the foundation of referring to beneficial experience abroad, combining the present national conditions of our country, the author suggest, that we can start with from the 4 aspects such as from optimizing legislative pattern and perfecting crime constitution and adding punishment variety and standardizing network terminology and further perfect our legislation on Cybercrime.
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