The Computer Crime In The Perspective Of Criminal Law

With the extensive application of computer in the all spheres of society and the rapid development of internet technology, socialization degree of the computer has been improved constantly, and influence has been strengthened constantly. The application of computer promoted the progress of human society and progressed the prosperity of the human society. The people enjoyed the various convenience of the computer, at the same time, the people also faced the various threat of the computer in the modern society. It can be said that computer crime, it is new issue in the law circle of all the countries. This discussion not only it is a positive significance to protect computer security and fight against computer crime, but also it is certain role to suppress computer crime and protect the interests of computer users. So it is necessary to research computer crime and other related problem.In the perspective of the criminal law, in conjunction with domestic and foreign-related legislation in the area of the computer crime, through comparative methods, computer crime and other related issues will be analyzed about the five chapters in the thesis.Chapter One The Overview of Computer Crime. For the definition of the computer crime, computer experts at home and abroad have not yet formed a unified expression at present. I think that these definitions are still certain shortcomings, and summarized these definitions on this basis. In addition to the characteristics of traditional crime, computer crime has its own unique features. It is good for recognizing and understanding substantive characteristics of the computer crime by dividing the types of computer crime.Chapter Two The Component of Computer Crime. Computer crime as a new type of crime, its components of crime is different from other types of crime. The author elaborated various viewpoints of the criminal law scholars on this aspect, and summarized computer crime during subject requirements, subjective requirements, object requirements, objective requirements.Chapter Three The Criminal Legislation of Computer Crime. Through the result of theoretical studies of foreign criminal legislation on computer crime, and in conjunction with China's actual situation, the author found that China's current criminal law has a lot of deficiencies on computer crime provisions: lack of related count in the Criminal Code, location of crime result can not be confirmed, such confliction of the jurisdiction does not stipulate, and so on.Chapter Four The Evidence-searching of Computer Crime. Through introducing the results of research on electronic evidence classification at home and abroad, and analysis of its advantage and disadvantage, introduced myself understanding of electronic evidence category on this basis. In order to facilitate the investigation departments, the author also introduced the principle and the steps of computer crime evidence- searching, there is guiding significance to some degree. There is a big flaw of computer crime evidence-searching provision in china criminal litigation law at present: lack of the protection of computer crime evidence, lack of the mandatory reporting system.Chapter Five The Perfection of The Computer Crime. By analyzing the law of foreign computer-related crime and in combination of domestic provision, the author found there is a big flaw on provision of china's law, and proposed perfect methods in entities and procedures, at the same time, for the characteristics of the cross-boundary of computer crime, I has proposed preliminary ideas of the establishment of international cooperation organization in combating computer crime.There are provisions on the computer crime in the criminal law, this provision provided some basis for computer-related crime theoretical research. But there is lack of the systematic and specialty on computer crime legislation, that impact further theoretical studying in the areas of computer-related crime. In the reason of the computer crime legislation on some basic problems have not been fully taken into account, leading to a number of legal scholars questioned provisions. In this paper, I mainly introduce relatively more important and controversial issues on computer crime, and talk about personal humble opinion, I hope that it can cause more discussion and attention, to offer advice and suggestions in order to improve our country's relevant laws and regulations.