The Application Of Law Of The Property Invasion Crime In The Network And Electronic Area

With the spread of computers, network and electronic technology,property invasion in the network and electronic area is increasing dramatically.The crimes of theft and robbery which are typical in the propery invasion crime are one of the crimes with the longest history in the social life, but with the rapid development of network and electronic technology in the recent decades,resulting from the third revolution of industrialization,it has caused a lot of complicated and difficult cases related to property invasion crime in the judicial practice.This paper mainly discusses the series of problems regarding the application of law of the property invasion crimes in the network and electronic area through the analysis of cases which is based on the concept of network and electronic crimes as well as the objects of property invasion crimes in order to crack down the property invasion crimes in the network and electronic area,prevent it from being out of the criminal law and make sure that the law will be accurately applied in the judicial practice.This paper has one introduction and the main body including three parts.In the first part, it is more accurate to define the network and electronic crimes as the behaviors which are harmful to the computers and endanger the confidentiality, integrity and availability of the electronic equipments,network and electronic data which takes the computer technology as the core technology,as well as abuse these system,network and electronic data based on the analysis of the previous definition of computer crimes,network crimes and ecommerce crimes with the chinese and foreign research within the network and electronic area. This part also summarizes the characteristics of the network and electronic crimes which are different from the traditional crimes,including the criminals with high technology and great intelligence,the more concealment with low cost and risk,more serious consequence with fast widespread and the mostly joint crimes and so on.In the second part,it analyzes the influence of property invasion crimes on the traditional property invasion crimes from the perspectives of the objects and establishes the possession theory of the criminal objects.This part further points out that the intangible objects of property invasion crimes,the various and remote means of crimes in possession and the reaction to crimes by the electronic equipments etc are the main reasons why there are a lot of difficult and complicated problems in the network and electronic area and it brings the big challenges to the traditional theories.In the third part,Combining the cases and with theories,it firstly analyzes the legal relationship behind the case, discusses some cases in the network and electronic area and showes that the intangible property is the creditor's right rather than the right in rem in the majority theories.Secondly,the simulation of human intelligence is considered as the extension of human brain where the machines without any electronic errors could be deceived.Thirdly,the nominal owner will not take the possession of the property where the real owner does not require the nominal owner to take custody of the ID card which is lent to the nominal owner.Fourthly, both of the physical damage and the dysfunction is regarded as the invasion to the electronic property.The above discussion has completely provided the solutions to the mostly difficult problems of the property invasion crimes in the network and electronic area.