Malware Legal Research

With the rapid development of technological advances, the internet has become an important part for the peoples, and it makes our lives more convenient, efficient and colorful. However, science and technology is a double-edged sword, the network also brings some negative effects to our lives. The malicious software bring more and more serious harm to the internet environment and order, it includes forced installation, browser hijacking, pop-up advertising, collect private information, and so, almost every Internet user has more or less influenced by their abuse, and has severely damaged the legitimate interests of Internet users. However, owing to the lack of direct legal and norms, the malicious software's violations is more and more serious, which needs to govern malicious software infringement by laws and norms.How to resolve the negative impact by laws will be our problem nowThis article use analysis and comparison of definition, based on analyzing and comparing of the available data case studies and other data. Studying the definition, history and reasons of malicious software. This article use normative analysis and comparative study. Analyzing of existing laws's limitations and shortcomings. Which include criminal law, civil law, economic law. And at last, finding suggestions of specification malicious software.Finally, the paper concluded that improving the legal system related to the malicious software and accelerating the pace of legislation should be further enhancement. From the aspect of improving the existing legal system, the author recommend that establish the status of privacy independent personality right,establish the burden of proof about governance malicious software and public service litigation. From another aspect of development of special legal norms, the author proposed establishment the basic legal about network, in order to governance network infringement caused by malicious software and other illegal network infringement affairs. At the same time, establish the special legal norms against malicious software. Precisely defined the definition,features,Recognized standards of malicious software in the legal norms, in order to make up for the gaps in existing legal system.