Criminal Regulation Of Network Security Crime In Our Country

The emphasis on network security is the protection of devices, procedures and information of network systems, to prevent acts such as malicious or accidental damage, tampering and information leakage; to ensure network security systems function smoothly and continually, as well as network connectivity operate uninterruptedly. In this paper, network security crime is the concept of criminology, rather than a crime in the strict sense of the concept of Criminal Law. The reason why it’s called network security crime is that according to the analysis on its characteristics, a new type of crime can be summarized, which has a unique meaning in the concept of criminology. However, the definition of network security crime is bound to be temporary and periodical. The author has tried to make the concept of network security crime defined in the sense of criminology: network security crime refers to the crime that the actor commits in the space of network, by utilizing network as crime places and means. The behavior should have lead to serious social harmfulness, as which seriously disrupts the normal order of the network, as well as endangers protection objects of network security.In China, the rules and regulations of network security crime are largely reflected in “Criminal Law” in 1997; “National People’s Congress Standing Committee’s decision on Safeguarding Internet Security” in 2000 and “The People’s Republic of China Criminal Law Amendment Seven” in 2009.Nowadays, the Criminal Law regulation on network security crime has been developed in advance in each country, being accompanied by huge challenges. As the behavior of network security crime has particular characteristics, the regulation effect of our Criminal Law is not obvious at present. It is because the Criminal Law of fatigue, the actions of network security crime are intensifying and even growing overtime. The main defects on regulations of network security crime can be listed as followed: the provisions of the crime subject scope need to be widened; subjective aspect of regulation is not comprehensive; the range and set of punishment is unreasonable; the scope of protection is too narrow etc.As network security crime is increasingly rampant over the world, the major developed countries have continued to improve criminal legislation of network security. Tones from other hills may serve to polish jade. A target investigation and analysis of major developed countries’ legislation of network criminal and international convention that deals with network security crime will assist China’s Criminal Law managing network security crime.The inevitable lags of Criminal Law in terms of network security crime is patchy, but overall, the traditional rules and theories of Criminal Law still have their existing value and applicable meaning. The author has exposed deficiencies and defects of our current criminal legislation of network security crime, tried to make corresponding suggestions on the following aspects: scientifically selecting legislative model of network security crime; improving criminal regulation of network security crime from crime constitution; perfecting criminal regulation of network security crime from the penalty set; expanding the range of criminal regulation on network security crime.