Technical Checks And Balances The Network Under The Criminal Law Space Effect

As technology has become one form of ideology, network information technology is systematically surpassing the border of pure practical science to influence and change the contents and structure of social science.Likewise, as the negative results of information industry, network crime is slowly but inevitably interfering into the fundamental parts of criminal law theories. This impact can not be construed as little revision to the concepts of technical words in the legal stipulations. However it requires the reorganization of the criminal law theories within the technical premise, so that the new type of crime can be covered and restricted.Given this, the dissertation chooses one angle to focus on the spatial effect of criminal law on transboundary network crimes. Through some synthetical study of technical factors and criminal law theories enclosed in this proposition, the paper puts forward that the traditional spatial effect system of criminal law can sufficiently cover all the types of network crime. However, in the light of inevident territorial signals marked in network crime, fiction and reality can easily be mixed up during the transaction of digital messages. Thus, based on the existing framework of jurisdiction, there is necessity to summarize and develop those traditional conceptions under the background of network technology. This dissertation consists four parts, which apart from the forewords, has approximately 35,000 characters.The first part of this study macroscopically defines the conception of network crime. And then it draws the line between computer crime and network crime that the latter is the outcome of computer crime when it developed into certain phase. Besides, the intrinsic quality and classification of network crime are also given in this part.The second part is about the enumeration and analysis of judicial practice in different countries and various theoretical opinions on this proposition in which some misconstructions are obvious.The third part of the thesis is most important, which can be subdivided...