Countermeasure Of Network Crime And Criminal Laws

This piece of work has been divided into four parts, counting more than forty thousands words. To study Cybercrime, this paper will start with the definition of Cybercrime, introducing, historically and comparatively, the development of defining Cybercrime, discussing the methods of defining Cybercrime, setting a concept of Cybercrime from both criminal law and criminology perspectives, and clarifying the concept of Cybercrime. Secondly, this paper is going to introduce the evolution of Cybercrime from its emergence, study the main characteristics of Cybercrime, and predict the tendency of Cybercrime's development microscopically, from considering both the pattern of computer network technology development and the predictions that have been made by scholars from both home and abroad. Cybercrime is a new type of crime, having distinguishable and unique characteristics. The third part of this paper is based on integrated descriptions, comments, and arguments on "points of view on characteristics of Cybercrime within the Chinese criminal law academic circle", and will analyse the characteristics of Cybercrime from four aspects: subject of crime, subjective perspective of crime, objective perspective of crime, and object of crime. Finally, the forth part of this paper will look at the criminal legislation, which is to prevent and control Cybercrime. Using other countries' legal system and judicial precedence of preventing and controlling Cybercrime for reference, and being accordance with the factual situation of our country, the forth part of this paper is going to point out flaws on the present criminal law of China, suggest legal actions that should be undertaken to prevent and control Cybercrime, and have initial considerations for perfecting the criminal legislation and administration of Cybercrime of China.