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Thinking Of Computer Crime-related Problems

Posted on:2009-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:S H DongFull Text:PDF
GTID:2206360248451076Subject:Law
Abstract/Summary:PDF Full Text Request
The 21st century is the era of knowledge-based economy, also the era of computer network technology's rapid development. As the tentacles of the computer network continued to expand and extensive application, the computer network crimes resulting, as countries around the world are faced with major issues. In recent years the numbers of the computer network crimes sharp rise, particularly internet pornography, theft network-based, they have become the major factor of against the computer network security ,cause tremendous impact to the country's political, economic, cultural and other normal order, and containment the computer network crime has been imminent. Computer Network crime was so rampant, due to various reasons, the existing computer network technical reasons, the relevant laws have lagged behind theoretical research and the system is not sound reasons . Therefore, legislation, law enforcement and supervision departments must grasp the most advanced technological means to enhance the level of reconnaissance, and timely repair the law, only this can be effectively curbed computer network crimes, truly Justice has a long arm.At present, the theoretical study of China's computer network crimes is relatively backward, and legislation is imperfect, of a single criminal penalties and not enough intensity, all that do not match the China's computer network crimes undoubtedly increased trends. So how to prevent and against the increasing computer network crimes become the most attention issues of the Penal study.Based on a forward-looking vision from the legal, scientific, technological, socio-economic and other aspects of the new thinking of computer crime patterns and trends, and try to find a solution to crack down on computer crime, and safeguarding national security and social order, and protecting the legitimate rights and interests of citizens, underlines the power of the Penal Code.This paper is divided into four parts. On the first part, we introduced the Ministry of Public Security on the computer network crime's definition, based on my own understand, their classification can be divided into pure computer crime and non-pure computer crime.The second part on illegal intrusion into computer information systems and the completion of the crime of attempted issues, the main problem, crime mental attitude, because the purpose of crime caused by the different Implicated Offender; undermine the crime of computer information systems common crime problems. That illegal intrusion into computer information system behavior is a complete, may stop at any incomplete forms, existence of criminal attempted form of this crime units do not become the main, but it should be in the future be absorbed amendment to the Penal Code; that the fault does not constitute a crime; sabotage of the crime of computer information systems common crimes should be concrete analysis of concrete problems.The third part introduces the use of electronic money computer theft and attempted acts of completion that the problem of theft and the use of the computer network "virtual property" and the nature of the Penal Code Protection Strategy. Theft of electronic funds' accomplishments' standards should be the completion of Actual Control. "Virtual property" can meet a specific need of the netizens or gamers, it can bring benefits to the company network, but it is also an economic value of the interests of virtual property is a property. "Virtual property" through the labor and time and money building up and acquired, and its value and importance is on a par with the real property, should be given legal recognition and protection. In judicial practice throughout the understanding of the different circumstances should be further improvement of legislation, and that legislation could be improved real property prior to the introduction of virtual property protection mechanisms in the protection of.The fourth Part introduced the sexual offences' new development patterns under the computer network and the issue of criminal law that involved.
Keywords/Search Tags:Computer Crime, Virtual Property, Virtual sex Based on Network
PDF Full Text Request
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