Computer Crime Research

This piece of work is about the studying of computer crime, it has been divided into five parts, counting more than thirty thousands words. This paper starts with the appearance of computer crime, introducing the background of the existence of it. New computer and Internet technology bring human into information society, not only facilitating the life of people, but also leading the produce of computer crime. There are so many causations should explain why computer coming into being, such as the weakness of computer information systems itself, high value of the memory dates, greatness return, lack of law and moral, including both objective and subjective aspects. Secret, intellectualized, destructive and area widely are the particular characters of it. Till now, no specialist could give a precise definition of computer crime because all of them have its reason. The writer concludes the concept of computer, based on the existing theories which only reflected the meaning of the day. The author grounds on the integrated descriptions, comments, and arguments on "points of view on characteristics of computer crime within the Chinese criminal law academic circle", and analyses the characteristics of computer crime from four aspects, subject of crime, subjective perspective of crime, objective perspective of crime, and object of crime. Comparing the theoretical fruit of the research of criminal legislation of developed countries and Hong Kong, Macao, Taiwan areas with the factual situation of our country, there are a great deal deficiencies exist in our criminal law, the lack of accusal, the uncertainty of venue, and so on .As the development of law is far behind that of the computer technology ,so we should establish a whole countermeasure system of three levels of law, technology and society , which constituted by legislation, judicature and moral, to defend and control computer crime.