Research On Legislation Of Cybercrime

With the popularity of network, the development of human being has entered the era of information technology and network has become an indispensable part in people's life and work. The quick and convenient services of Internet connect the whole Earth as a village, making people travel, communicate and trade freely in this global village. However, the application of new technologies is often accompanied by the abuse of new technologies. For example, there's no doubt that the invention of gunpowder has brought happiness and benefit to mankind. Meanwhile, who could ever think that it could be used to launch wars? The progress of human civilization is always accompanied by crimes and the increasing trend of cybercrime has aroused the world's attention.Cybercrime becomes a new issue human being should face in the development of information technology. The openness of cyber and the intelligence of cybercrime propel the academicians to distinguish cybercrime from the traditional crimes, causing the traditional theories of crimes to face new problems and confusions. It's an urgent task to define cyber and cybercrime and to build up the theoretical system of punishing cybercrime. The academic society has made remarkable achievements in the study of cybercrime theories and the judicial practices of different countries have provided us successful experiences for reference. The study of cybercrime theories will surely lay a solid foundation for the perfection of legislation on cybercrime in China.Cybercrime is a technical crime with the use of computer. It's a need to clearly understand network, technical characteristics of cybercrime and new developments of academic and judicial practices. This paper starts from the operating theories of network and technical guard against network security, refers to the current academic research results and the legislation trends in relevant countries, and mainly focuses on the legal issues of cybercrime. With reference to the current legislation experiences of typical countries and with combination of specific situation of cybercrime legislation practices in China, this paper raises its own proposals on the improvement of legislation on cybercrime. This paper consists of four chapters.Chapter 1, The Concept of Network and Cybercrime. This chapter briefs the operating principles of network and technical problems of network security maintenance and lays basis for the application and interpretation of professional terms of cybercrime in the following chapters. With discussion on crime, cybercrime, and computer-related crime, this chapter raises its own understanding of cybercrime. It lists the typical opinions on the types of cybercrime in the Chinese and foreign academic societies, compares them, and explains the author's opinions on the types of cybercrime and the significance for division of these types.Chapter 2, Characteristics and Constitutive Elements of Cybercrime. This chapter sums up the characteristics of cybercrime i.e. professionalization of criminal means, lowering trend of criminal age, increasing trend of joint crime, more serious trend of harmful consequences etc. and provides a realistic basis for criminal legislation on cybercrime. The constitutive elements of cybercrime are important basis for national criminal legislation of a civil law system. Therefore, this chapter makes systematic discussion on the subject, subjective aspects, object and objective aspects of cybercrime.Chapter 3, Legislation Countermeasures of Cybercrime. Criminal legislation is an effective means to punish cybercrime. In the aspect of criminal legislation, this paper introduces the legislation mode in "Convention on Cybercrime" by Council of Europe, explains the reference value of such legislation mode, and expounds on the deficiencies and improving measures of China's criminal legislation.Chapter 4, Criminal Jurisdiction over Cybercrime. This chapter discusses the difficult issues of the establishment of jurisdiction in criminal legislation, analyzes the legal regulations of jurisdiction of the United States and Germany, compares them with China's jurisdiction, and raises proposals and improvement measures on China's legislation after comparative learning and with combination of China's reality.