A Study On Juvenile Cyber-crime And Its Countermeasure

The human civilization has stepped into an Information Age since 21st century, the development of computer and network technology is a double-edged sword which can benefit human beings and at the same time bring negative effects to our life, especially the juvenile cyber-crime has become a tickler confronted by all the people in the world. What this article tries to figure out is how to learn from the experience and lessons, and promote what is beneficial ,abolish what is harmful, accurately grasp the current situation, characteristics and causes of juvenile cyber-crime ,so that we can build a harmonious and healthy environment, effectively prevent and restrain juvenile cyber-crime.This article is divided into four chapters:Chapter I is an overview of juvenile cyber-crime. In this chapter, it discusses the concept of juvenile cyber-crime's evolution in detail firstly, And through synthetically analyze from the international and national arguments in law circle about crime, computer crime and cyber-crime these three concepts, we cleared the concept of juvenile cyber-crime in Section two. In Section three, the paper analyzes the current situation of juvenile cyber-crime in our country from six aspects: the first is cyber-crime which about violating information security is growing constantly; the second is the proportion of financial crimes are increasing; the third one is , the gang crime committed by minors is increasing day after day; Fourthly, the criminal means are variety ; fifthly, the reactionary and corruptive culture begin to spread; the last is the coverage of criminal area is wide and the amount of criminal cases have a trend of increasing. According to the current status of juvenile cyber-crime, we exposits its Characteristics from five aspects which contain criminal's age, means, characteristics, purposes and their victims.Chapter II analyzes the causes of juvenile cyber-crime. This part talks about juvenile cyber-crime's two major subjective and objective causes which including individual factors and social factors respectively. The analysis of juvenile cyber-crime's individual factors In chapter one is studied from physiological, psychological and moral three levels , particularly, it points out teenagers'physiological factors have the characters of accepted fast, addicted easily , self-control poorly. The analysis of psychological factors quoted an achievement against adolescent psychology which is researched by psychological professor Kimberley ? Young and psychologist Erickson from University of Pittsburgh indicates the fact that teenagers who committed cyber-crimes have a conflict of "identity and role confusion"in mental and their traditional ethical concept covered by the virtual environment on the net changes. Chapter two deeply dissects juvenile cyber-crime's social factors from four aspects of family, school, society and legal system. In family factors, parents have three major deficiencies in children's online education; while in the school, the deficiencies of current education and institution affect teenagers'psychology of cyber-crime, the social factors focus on the problems lied in current network environment, indicates that the lack of supervision or poor oversight lead to the current unhealthy network environment. In the end, it points out the defect of legal system bring negative impact to prevent and strike juvenile cyber-crime, and it also analyzes our country's current Criminal Law's shortage in computer crimes.Chapter III is about Cyber-Crime's current situation. This chapter includes both foreign and internal's legislative situation in preventing and striking Cyber -Crime. Section one introduces and analyzes some Western developed countries'history of cyber-crime's legislation, and introduces the《Convention on Cyber-crime》which is aiming at controlling cyber-crime and some other computer abusive behaviors, the paper points out four common contents which lies in the foreign law of computer's security and crime. These behaviors are forbidden: interference computer information system's normal work; using a computer to corrupt or cheat; broke computer information system's security with destructive computer procedures; unauthorized access to computer systems to Snoop other's information. At the same time , it summarizes the characters of the wide range of the foreign cyber–crime's legislation .Section II focuses on the situation of our country's computer and network's legislation,from1988 "PRC State Secrets Law" which first mentioned something about electronic information, to the 2000 "National People's Congress Standing The Committee's decision on safeguarding Internet security "which is passed by People's Congress, that proves our country's legislation system of cyber-crime is complete. As cyber-crimes are frequently happened ,the article points out the shortcomings and deficiency of our country's legislation in four aspects, they are : computer crimes'charge is too light; the lack of juvenile cyber-crime's regulation in Criminal Law; The Criminal Law doesn't have the charge of committing cyber-crime mistakenly; and what is the "information system" in " invade information system illegally "is defined too narrow.Chapter IV refers to legal countermeasures against juvenile cyber-crime. The beginning of this chapter introduces the foreign advanced method and experience in how to prevent and strike juvenile cyber-crime, and stressed that we should stick to the fundamental principle of take measures in step and work together in the problem of juvenile cyber-crime, and that is considered as the article's foundation of countermeasures in preventing and striking juvenile cyber-crime. In the first section, the paper proposes that in order to do well in the prevention, we should start with strengthening teenagers'moral education of internet and guide them from three aspects which are: reinforce legal education and improve legal consciousness; strengthen the network ethics education ; guide the formation of teenagers'healthy cyber-psychology actively. When talks about how to strengthen the network ethics education, the paper distinguishes the differences from the new network ethics education and the traditional moral values, meanwhile, it emphasizes that in the progress of strengthen network ethics education, we should do well in that three fundamental work, so that we can achieve our goals of establish the Network credit system and enhance teenagers'ethical and moral concepts. Section II is about completes the network management in legislation, and supplements some advice in substantive law and procedural law separately. Concretely speaking, we can operate from four levels: First, increase cyber-crime's number of charges in Criminal Law; second is to increase the types of penalties; third, expand the scope of cyber-crime; fourth, enlarge computer and internet's methods in collecting evidence and identifying range, in how to complete the substantive law, the paper refers to the legislative conceive of social correction system and emphasizes it can control the young cyber-crime under the normal ethical society, while achieve the purpose of punishment. Section III tells us that take the perfect network's technical specifications, strengthen the internet and Internet bar's management and some other measures to clean the cyber-environment can help preventing the happening of juvenile cyber-crime.