Study Of The Cybercrime Criminal Legislative Defects And Perfect In Our Country

At the present stage, the matter of cybercrime affects society seriously, however legislation in thisaspect is deficient in China. The deficiency mainly manifested as imperfect subject provisions, excessivelysingle subjective aspects, unreasonable configuration of punishment and the protection scope is toonarrow etc.The traditional principles and regulations of criminal law, the main legal to regulate cybercrime,have conflicts with cyber application, as long as criminal law’s lagging nature. All of above reasons lead tothat dealing with and fighting the new type of cybercrime is difficult, and so perfecting the crime lawlegislation is an urgent matter.To consider defects and improvement methods of crime law legislation, this passage is divided fiveparts.The first part is the definition of cybercrime. This part briefly introduces the cybercrime’s meaning inmany countries, and redefines the concept of cybercrime from the crime law point of view.The second part analyses the current situation of crime legislation about cybercrime. The increasing oflaws and regulations aim at cybercrime cannot reach the speed of cybercrime, though internet technology inChina started late. Compare with the developed country, China’s cybercrime law not only started late, butincomplete.The third part mainly discuss flaws about cybercrime legislation in China.The development ofprevention and punishment measures fall far behind the expand of cybercrime, which reflected theimperfect provisions on cybercriminal subject and subjective aspect, and manifested unreasonable andnarrow provisions. Sometimes, new type cyber crime cannot apply with the law properly, and then lead tocyber criminal evade legal sanctions. This kind of phenomenon inevitably palys the negative role in publicorder and public lives.Therefore, there are necessity to discuss flaws in cyber crime legislation. Consideredtraditional criminal offence, cybercrime is a new type, with more social damage and wider influence scope.This passage analyses the problem in detail.The forth part introduces cybercrime legislation in foreign country. Western developed countries areadvanced in cybercrime legislation. Meanwhile, the creative achievements of Cyber-crime Conventionhave a vital significance for China. After give a brief account of some developed countries’ legislation, this passage introduces the critical contents of Cyber-crime Convention, to explore measures applied to China’scyber crime legislation.The fifth part puts up with a few of suggestions to make China’s cyber crime legislation perfect,through drawing lessons from advanced foreign experience. These suggestions strive to specify criteria forconviction, and include making adolescent crime provisions more substantial, increasing the provision ofunit crime, replenishing provisions of subjective aspects, increasing types of criminal penalty, formulatingcyber crime charge scientifically, expanding the scope of prevention, etc. Hope these suggestions couldhelp preventing and decreasing the cyber criminal offence, and then achieving a clean cyber space.