On The Improvements Of Cybercrime Legislation From The Perspective Of Legal Interests

Over the last 10 years, the popularity of the network and related technology led to the popularity of the wrongful acts related to the computer network as a hot social phenomenon, which draw the attention of all the academic and practical far and wide. In order to accommodate the development of the situation, civil law, administrative law, criminal law, had published relevant laws and regulations to regulate the wrongdoing of computer networks, to maintain network security order, and protect the interests of relevant people. The theory of how to regulate the phenomena of the Cybercrime from the point of criminal law was also developing in full swing worldwide.In the theory of China's Criminal Law, the crime is a serious criminal offence and acts harmful to society. It must meet four aspects of elements, which include the object of crime, objective aspect of crime, the subject of a crime and subjective aspect of crime. Any criminal constitute requires the four areas. However, the current legislation only concerned part of the penal code, the others not. It is necessary to study the characteristics of the above four aspects, though which to improve relative criminal legislation, clear the idiographic content of the Cybercrime. Legal interests, which is the content of the object of crime, also the code of the criminal theoretical system, become a dominant element to confirm the idiographic position of Cybercrime. Therefore, I try to anglicize the legal interests of Cybercrime though the following four parts.The first part is the outline of the criminal network under the Criminal Code of vision. First of all, it is on the forming and related conceptions of network and cyberspace. Network and cyberspace occurred and developed through network technology and the popularity of the Internet, it has unique convenient features on communication and exchanging. All this make it enter all aspects of social life gradually, deeply affecting the people's daily life. Then, it is on the forming and development on the concept of Cybercrime. The concept was formed stage by stage. Initially it occurred in the developed countries, such as Europe and America, in a small number and sorts. Until recently high-speed growth on network technology and network, Cybercrime has been used as a category of crime. Different people have different understandings on the concept of Cybercrime. Through analysis, we found that: "Cybercrime" is different from "Computer Crime", it is the advanced stage of its evolution. In the past it was widely defined as a target or means for criminal acts. In the International Criminal legislative it is defined in two ways, in broad or in list. The author will define Cybercrime from the perspective of the Criminal Code: they are serious actions which infract the security of international information, the order and security of network information system under the cyberspace, and should be punished by the criminal law to against social behaviors. Finally, it is on the characteristics of Cybercrime. The means of Cybercrime has a high special character of technical intelligence; the subject of the crime has the characters of anonymity and hiding; consequences of the crime are serious, and so on. And as a unique element of the crime constitute, the interests on network is an important way to analyze the Cybercrime.The second part is the analyses of existing criminal legislation on Cybercrime, using the method of Comparative Law to Study the Cybercrime criminal legislation of the countries and the international community. First, the simple analysis on common law countries including the United Kingdom, the United States, Australia and other countries on Cybercrime model and related criminal legislation, the legislation in these countries advocate pragmatism, the first step is providing relevant content of the criminal acts through separate legislative provisions and then move into the mature legislative code, kinds of criminal networks are involved of a broader, but the contents are scattered. Then, the analysis is on the Cybercrime criminal legislation of Germany, Japan, and France. These countries adopt a way of amending the existing Penal Code, putting Cybercrime into the traditional crime sections, respectively to be provided, but a little conservative. After that, the analysis of the relation content of Cybercrime of international community. It is worth to learn the general and the scientific merits. Finally, the analysis of our existing criminal legislation of Cybercrime, though which we can achieve the comprehensive comparative study of crime.The third part is the specific analysis on Cybercrime interests of existing criminal legislation. First are the basic concepts of the Cybercrime interests. The interests on law are defined as the interests referring protection from law, which has been infracted by the Penal Code, It is a well-known criminal element of the elements constitute and the basis of penal interpretation. The network interests are a unique category of interest, which should be protected by crime law from the criminal acts of cyberspace. Then, it is empirical analysis of Cybercrime interests protected by national, regional criminal legislation. By analyzing the relevant legislation of common law, civil law, international organizations, as well as our specific, it is concerned to reveal the interests of the specific content and scope of the existing Cybercrime legislation. Finally, it is the interpretation of characteristics on the protection of the interests of network under the existing criminal legislation. Although existing legislation protects some of the interests involving a certain amount of Cybercrime, the scope of protection, the species of protection and legislative model also has some shortcomings, and need to be further improved.Part IV is the improvements of model to protect network interests under the vision of the Penal Code. First of all, using two judicial practices in the case reveal the characteristics of network interests under the new situation. Then, concrete content of the unique interests infracted by Cybercrime. Network interests arise out of space on the network, it is the infracted by network wrongful acts, and should be adjusted by Criminal Law, which are unique interests carried by network information equipment and cyberspace, and can reveal the substance of the crime network. Through specific features, we will be able to define what are the interests infracted by Cybercrime. Also though analysis, I believe that the network interests can be divided into there aspects: specific interests of the individual in cyberspace, the security and order of network "virtual society", the interests of network management and control of space from the state. Finally, on the basis of definition on the specific content of the network interests, we can improve the protection of the relevant legislation of Cybercrime. It includes the identification of unique status of Cybercrime in criminal legislation, specific position and the evaluation criteria of harmful consequences.Network interests as the important content of the object of crime, have an important significance for Cybercrime, but limited to the ability of the author, there are still many areas not deal with, far away from putting forward a complete criminal Cybercrime legislative proposals, and the author was very regret. In addition, the Cybercrime itself, as a new thing, need a long and arduous process for people to accept especially for the legal acceptance. It includes not only the Criminal Law, Criminology, also includes other relevant departments of the legal system. To a certain degree, it is a social phenomenon. Thus, at the end, I hope more and more people studying for it, at the same time, I wish that China's criminal legislation can gradually involve these aspects, so as to catch up with the world's step on Cybercrime, and promote the rapid development of economy and society.