The Researches On Cyber Crime And It's Legislation

Cyber crime is a new form of crime as a result of the rapid development and extensive application of the internet,it is seriously dangerous with the infomationization of the society. At present, cyber crime has become an increasingly prominent problem in China. However,the existing law could not meet the need of the practical fight against cyber crime,there is a great lack of clear legal definitions to many problems, and especially it is so hard to convict somebody of cyber crime as well as collect evidence and decide the measurement of penalty that the combating cyber crime is very passive. In order to maintain a safe internet, it is of great emergency to strengthen the legislative research on the Internet ,establish a sound legal system toward cyber crime as soon as possible and enhance the ability to prevent and punish cyber crime. Based on experience as a cyber police for years and studying on the researches in this area, this paper has done deep research on cyber crime and relative problem about legislation.This paper is divided into five parts. The first part defines the concept of cyber crime, which refers to those crimes that make computer network as criminal tools or targets,then analyzes the performance and characteristics of cyber crime. The second part mainly analyses about the reasons and trends of cyber crime. It is showed that cyber crimes are long-term, complexity and seriousness. Cyber crime would be a main form of crimes because of the information society,which required extended and deeply researches. The third part analyses existing legislation toward cyber crime in our country, it highlights four presence problems. The fouth part mainly analyses existing legislation toward cyber crime in the United State of America,and study the good experience and method from them. In part IV, some advices have been given to improve legislation toward cyber crime.It fellows that the legislation should abide by some principles. It mainly proves the imagination of setting up a legal system for cyber crime. Some issues such as criminals of Cyber crimes, legal status of electronic evidence, virtual property have been discussed.The value of this paper is to raise reality criminal issues to a theoretical level, then gives a comprehensive analysis to the conflicting between cyber crime and existing legislation, deeps the understanding of the characteristics of cyber crime, proposes the advices to speed up the process of legislation toward cyber crime. This paper has got research results by combining theory and practice closely. The innovation of this paper is expounding the construction of the legal system toward cyber crime, so that could give advice to the legal construction to the whole virtual society. The application value of this paper gives theory support to analyze the serious situation about cyber crime, clearly recognizes the fact that existing law could not adapt with the situation, construct the theory construction to provide theoretical support for virtual society legal system. So that to strike at cyber crimes, to clean up network environment and to standardize network service order.