Research On The Problem Of Network Theft Crime

The advent and development of computer and network is undoubtedly a great progress of human civilization. It stimulates the diversification and high efficiency of human social life and also it propels the communication and transmission of social information rapidly. As a result, it makes the sharing of social information has more symmetry. Computer and network create a virtual society which is parallel to the social reality. it is broad and boundless, the content is abundant. It is difficult to restrict. Internet citizens try to control and express their thought and action by computer operation, programming language and code organization. this is undoubtedly the major moment in the history of mankind economic development and technology progress.With the rapid development of network economy, the reliance from all walks of life on network technology becomes more and more serious. Then some social restless begin to focus on this broad "market". The phenomenon that with the help of network to commit a crime shows a trend of rapid spread. Network crime aroused the universal concern gradually.Net theft is undoubtedly the number one among the many kinds of new-appearing crime. It jumps up quickly with the characteristics of operational and not easy to detect.Based on the study of literature about theft and computer crime, combining theory of punishment law and relevant judicial practice cases, this article mainly discuss the following questions:first, to introduce the general situation of network theft crime. Regard the definition of network theft behavior as a breakthrough, compare it with traditional theft crime, analyze three features of network theft and also four forms occurring in the judicial practice frequently.JThen understand the basic situation of the network theft, and provide the basis for this kind of behavior through this. Second, combined with the four elements of Criminal crime constitution. Compare the difference between traditional theft crime and network theft crime and related computer crime, extrude networked characteristics of network theft. analyze the special constitutive elements of a crime, and accordingly put forward the author’s some views. Third, based on the different views about the network theft crime accomplishment in educational circles and judicial practice circles,pay attention to analyze and put forward the defects of each point. to get the reasonable parts of theory "out of control", but also analyze the specific applicable connotation of "out of control".Finally, through listing the specific conditions in the using between network theft crime and related applicable laws in the judicial practice, combining with related cases in practice, points out the unreasonable places,put forward my own opinions at the same time,to show that we should take criminal regulation to control this kind of crime.