Study On Intellectual Crime

The human survival status have been improved enormously by the development of science and technology. The development of science and technology enforce the human strength to change nature, and change the criminal action method as while. These stituation cause new types of crime--intellectual crime. Intellectual crime is the new development of criminal type, it should be regulated and adjusted by the criminal law. The research of Intellectual crime is a new study of criminal law.The intellectual crime means the crime which use science thought, ploy or science technology. The crime has five characters,such as the high intelligence quotient of it's subject, the high intelligence of it's crime method, the high accurate and peak of it's crime domain, the high challenge of it's decet, and the mount of intellectual crime is large.From the different research perspective, the intellectual crime could be divided into different categories: active intellectual crime and resultive intellectual crime; possessive intellectual crime and destructive intellectual crime; pure intellectual crime and impure intellectual crime; fraud-intellectual crimeand high-tech intellectual crime.According to the classification of intellectual crime, and integreating the the common forms of intellectual crime in this stage of China's judicial practice, the fraud-intellectual crimeand high-tech intellectual crime could response the nature character of intellectual crime. According to the common standpoint in the theory of Chinese Criminal Law, analysising the object, objective elements, subject and subjective elements of intellectual crime, the criminal constitute is different between the fraud-intellectual crimeand high-tech intellectual crime.The type of criminal acts, intellectual means, are different in the fraud-intellectual crime, such as notes fraud, credit card fraud, and high-tech intellectual crime, such as illegal intrusion into computer information systems crime, destruction of computer information systems crime. They not only have common nature, but also have personality. The provisions of intellectual crime in Chinese Criminal Law have deficiencies. So ,we need to perfect them in the legislation.