Study On The Criminal Regulation Of The Act Endangering Network

With the development and popularization of Internet, "digitized survival" has become a common social life, greatly changing the real society. The network media, network information plat formed application, digital reading, network shopping, network leisure and so on have become an indispensable part of our society. The network group and network community are formed by means of interactive act, eventually forming a huge network society. In all kinds of the act of network society, the endless the act endangering network have caused huge loss. With the coming of convergence of three networks, cloud computing and data arrival, the act endangering network has undergone major changes in the structure of criminal law, needing to make the necessary regulation.As the regulation network of hazards, the Standing Committee of the National People’s Congress promulgated the "decision on safeguarding Internet Security". "PRC Criminal Law Amendment(seven)" also added provisions related to network the act endangering network.Especially in 2013, the Supreme People’s Court and the Supreme People’s Procuratorate issued "the judicial interpretation about dealing with the libel and other criminal cases using network",making a timely provision for network libel and other acts. But objectively speaking, the criminal law of our country existing regulations is hard to regulate the network harmful act effectively. It is also difficult to curb the act endangering network becoming worse effectively. One important reason for this is that there is no real analysis in the act endangering network and the legal system, which leds to legislation not according to the systematic, nor the comprehensive. This article tries to make a in-depth analysis in the new features of the endangered network act at the point of the characteristics changing the act endangering network, which is based on the compared foreign criminal regulation of the act endangering network. On the basis of this,it also analyses the shortcomings of China’s current legislation about the act endangering network, putting forward the thinking of theoretically, judicial and legislative governing the act endangering network.The article is divided into four parts:The first part makes a theoretical analysis of the act endangering network. It first discusses the act as a network of detriment in the social field, paying attention to its virtual, interactive and opening.And on the basis of the concept and attribution analysis of the act endangering network. Then it focus on the analysis in the character changes of corporeality, intention, harmfulness, and tries to put forward four kind of classification of the act endangering network.The second part describes the present situation of criminal law regulation of the act endangering network. At the beginning of our country criminal law promulgated in 1997, it only makes the rules of the computer system and the act endangering network related to others.It also stipulates the prompted provisions about the act which is made the use of computer networks to crime. Although "the decision on maintaining Internet security" and "PRC Criminal Law Amendment(seven)" have made the relatively systematic stipulation for the act endangering network, they are still difficult to adapt to the change of the act endangering network completely. In addition,there is some certain guiding significance for the relevant judicial interpretations about the act endangering network.In spite of this, a lot of deficiencies exists in the provisions of the law.The third part analyses the extraterritorial regulation of the endangered network act. As the worldwide Framework Convention, "Convention on Cybercrime" has a lot of worthy content for our reference.It is Not only in the regulation about act endangering network and the computer systems,but also in the regulation of data confidentiality, integrity and availability.The other such as the computer related regulation of the act endangering network and the copyright infringement in the act endangering network are also be remembered. The other such as the act endangering network in Germany, Japan and Taiwan region also have their own characteristics, which we can learn from.The fourth part tries to analyze that the regulation of criminal law should pay attention to several problems about the act endangering network. First of all, we should correctly recongnize the network society and held a correct view of the network order and network objects.Secondly it is reasonable to expand the explanation of relative rules, taking the act endangering network into consideration. Finally it should promote legislation modestily, perfecting the content about the act endangering network about harmful programs, declining aim of the "profit" at the subjective view and setting condition of the result at the objective view.