On The Computer And Network Crime Control Strategy

With the growing popularity of computer and Internet, the issue of Computer Crime and Cybercrime become more and more boomed and complicated. The Computer Crime and Cybercrime influence our daily life intensively and extensively. Computer Crime and Cybercrime becomes concrete menace to our society, endangers Internet survival and development severely, haves a direct impact on the order of politics,economics and culture, turns into the biggest hidden trouble at the era of information. This dissertation study on the method of control Computer Crime and Cybercrime. It mostly includes five sections—criminal law, administration, technology of computer and Internet, international communication and Internet moral education.First, to control the Computer Crime and Cybercrime, we need connect method of law and other method except law. The method of law contains criminal law and administration, other method except law contains technology of computer and Internet, international communication and Internet moral education. The legal means and the combination of non-legal means, to play their respective advantages characteristics, each make up their own law on the control of the computer network inadequate to effectively control the computer network crimes possible. Criminal law is the most computer network crimes mandatory means of control, support of national mandatory, but the criminal law only for serious harm to social order and crime control computer network, a number of harmful transgressions do not need a computer network administration tools punishment. Computer network technology international exchange and cooperation to address global imbalances and the computer network technology crime arrests regional computer network problem, but the international exchange and cooperation have certain,the implementation also involves many different areas, with the long period of time. Network moral education is a fundamental way to control crime computer network, computer network behavior is the inherent self-discipline approach, but the construction of people's moral concepts require a long process, and the virtual nature of computer networks has made on people's moral bottom line challenge. Legal means and non-legal means to have their own advantages characteristics, but also are not alone as a means of control crime, computer network, so the legal means to combine with non-legal means is a computer network crime control the inevitable choice.Second, this dissertation uses the method of study on the current legislation to 2find out the rule and fault, then to improve it. Chinese criminal legislation for the computer network is the original "The People's Republic of China Criminal Law" and made supplementary provisions, an increase of the crime of illegal intrusion into computer information systems, computer information systems function, crimes against computer information system data or application and production of the crime, dissemination of computer viruses and other destructive computer programs crime. Add the contents of the provisions of lack of legislative provisions to protect the narrow range. Chinese computer network crimes legislation a "crime of computer technology," the legislation, the paper that a "computer-related crime on the" more desirable. Can make use of supplementary regulations and the highest law, Supreme People's Procuratorate of judicial interpretation, the appropriate criminal provisions added to the computer network, to supplement the existing inadequate legislation.Administrative regulations to repeat the same matter between the provisions of the lack of matching requirements for some, resulting in regulatory conflict, the implementation of the action when a blank. Focus on executive and legislative purpose of regulation, to the trial as the main means of protection reflected less and less severe means of punishment, operational difference. Formulation of administrative regulations in all departments should strengthen communication and collaboration, avoid duplication of regulatory requirements between the same content, to avoid jurisdictional gaps, focusing on the development of complementary measures. Establish the correct administrative legislation, and will focus on monitoring from the executive and the legislature to focus on protecting transformation. At last, this dissertation researches on other method except law, to explain the functions of other method and propose some modes of execution. Computer Network Technology on the computer network must choose the role of the legislative mode, although separate legislation to fully distinguish between patterns of crime whether crime or the limits of the computer network is conducive to the concrete implementation of the law. Computer Network Technology Computer Network Crime on the rise to new effects, as technology matures, computer network is simple, the main was a low age of generalization of the main trends; new computer network technology, computer network security provides greater protection measures, so the computer network side has most of the subjective intent; widely used in computer network technology to enhance people's self-protection awareness of the object area is widening; computer network technology to more accurately, quickly find the means for computer network and trajectory, the objective to improve crime crackdown. Accountability in the law, the law can not ask people to not do at least the current technology can not do take responsibility, criminal responsibility on the computer network on the premise that the existing computer network technology can do but did not do. That is the possibility of computer network technology. Extensive use of network resources, moral education, information transmission speed, education results back quickly, the advantages of strong interaction, networking base for moral education, moral education faculty training network, establish a network of correct principles of moral education, compared with the real social and moral standards combination of legislation combined with computer networks, complementing and improving, and better achieve the purpose of crime prevention network.