On The Legal Regulation Of Malicious Software

In recent years the rapid development of Internet technology, it makes people's lives more convenient and colorful. Growing number of malicious software seriously disrupted order in the Internet, endanger the network security.This article discusses the definition of malicious software, type and hazards.From the perspective of comparative law regulation of malicious software conducted. View of the current legislation and judicial practice in question, by improving the legal regulation malicious software commendations.A total of 2 million words text is divided into four parts:The first part introduces the definition of malicious software, type and harmful.The second part introduces and reviews the U.S. and EU regulations related to the legal status of malicious software.The third part introduces the malicious software in China involved in various laws and regulations (mainly criminal law, consumer protection laws, unfair competition law, tort law) and analyzed the problems. Tort law should study how to regulate this part of malicious software is the core. Including the use of malicious software, the main form of identification and tort liability by malicious software piracy and infringement liability the main mode of analysis in two ways. For the former, detailed description of the principles of liability tort malicious software and mal ware elementsof tort liability and defenses, are discussed. "Elements of tort liability malicious software" aspect focuses on the fact that damage and causation. For the latter, describes the use of malicious software piracy and the use of the main types of malicious software piracy means of accountability.The fourth part a sound of legal regulation of malicious software on legislative proposals. First, how to improve the existing legal regulation of malicious software. (Mainly from the criminal law, consumer protection laws, unfair competition law, tort law)aspects of how to improve the regulation of malicious software. Second, explore the establishment of the basic Law, regulation of malicious software, Include:tort law from malicious software on a clear definition; tort law in the malicious software in combination with specific characteristics of their use of malicious software piracy Elements to address the victim's evidence and the question of compensation is difficult to determine; tort law in the corresponding penalties provided for measures to increase the cost of illegal offenders.