Cybercrime Research

Because the inherent openness of computer network, cyberspace becomes a more ready criminal site than conventional real world. This will certainly lead to an unbridled spread of conventional crime to cyberspace, and the computer network will undoubtedly becomes the heaven of criminals if no effective law is enforced. Cyber-crime is new for two reasons: on one hand the one hand, jurists' study of cyber-crime is just in its immature primary stage and consensus is to be yet to be reached on many problems; on the other hand, due to the faultiness of the regulations of the existing criminal law together with the delay and lack of practice-convenience of relevant judicial interpretation, cyber-crime causes much controversy in judicial practice as well as some difficult cases. This thesis has made a general analysis of the status quo and characteristic features of cyber-crime. Focusing on the instrumentality of cyber-crime, combining with the enacted laws and regulations, based on the fundamental criminological theory, I have made a thorough investigation on the fundamental conception of cyber-crime, its construction, classification and conviction. I have also discussed with original ideas some tricky problems in cyber-criminal cases with a view to facilitating judicial departments in striking cyber-crime, maintaining the national order of web management and safeguarding the healthy development of computer network. Moreover, I have considered the cause of cyber-crime with legislative suggestions for legislature to construct effective administration mechanism. With about 35,000 words, this thesis consists of four parts.The introduction gives a brief statement of the impact of computer network on real world life, the challenge of cyber-crime on the society, and the approach and goal this thesis.Part one concerns the status quo and characteristic features of cyber-crime. It generalizes three main aspects of the actuality of cyber-crime: (1) the pervasiveness of cyber-crime, (2) the rapid increment of cyber-crime cases, (3) the large amount of hidden offences and four main characteristics: (1) the information idiosyncrasy of cyber-crime, (2) cyber technology as the basis ofcyber-crime, (3) being cross-national and super time-spatial in nature, (4) the complexity of criminal jurisdiction.Part two expounds the conception of cyber-crime and its constructional features, which is the most controversial, difficult and complicated part in cyber-crime study. Regarding the conception of cyber-crime, I have analyzed different views abroad and at home on the conception of cyber-crime and have put foreword my own suggestion on the basis of a explicit exposition of the essence and attributes o cyber-crime. Taking an instrumentalist view, I suggest that cyber-crime is nothing else but a renovation and extension of conventional crime on criminal method. As to the constructional features of cyber-crime, I have exploited the criminological theory to approach respectively the subject features, the subjective element features, object features and objective element features. I suggest that the subjects of cyber-crime are general subjects and that professional knowledge and intelligence do not count as a conviction criterion of special subjects. Instead, it is individual that counts as the subject of cyber-crime, and any person above 14 and under 16 years old should be investigated and affixed criminal responsibility who violates article 17 clause 2 of the criminal law. According to subjective attitude, cyber-crime is classified into intentional crime and unpremeditated crime. The objects of cyber-crime are various, which can be either simplex objects or complex objects. The objective elements of cyber-crime characterize unconventional features, i.e., criminal methods are both various and complex; its damage is tremendous; the criminal behavior is diverse; the time-spatial limit is unconventional.Part three studies the classification and conviction of cyber-crime. Base on an analysis of different classification of cyber-crime in criminology, penology and criminal law, I put foreword my own classification of cyber-crime and then analyze the conviction of cyber-crime. I classify cyber-crime into normal cyber-crime and quasi-cyber-crime. According to criminal method, normal cyber-crime is still classified into network interference and network sabotage. Network interference is illegal interference in computer information system According to the object damaged, network sabotage includes damaging or destruction of the function of computer information system, damaging ordestruction of data and application in computer system, production or dissemination of computer virus and other destructive computer program. As to quasi-cyber-crime, it is classified into the following categories: distribution and transmitting of harmful information on computer network, property-related crime using computer network, embezzlement and defalcation through computer network, and right infringement on computer network.Part four explores the cause and administration mechanism of cyber-crime. It analyses the factors essential to cyber-crime, which includes objective factor, subjective factor and social factor. In the end, a "three aspects administration mechanism" is suggested to be constructed, i.e., network administration mechanism, person administration mechanism and law mechanism.