Research On Cyber Alienation Of Traditional Crimes

On April 20 th, 1994, China adopted a 64 k international line access to the world firstly, it has been more than 22 years, after years of development and evolution, the network is not only a platform for information exchange and the tool of daily life, but in a large part, it has been beyond the scope of instrumental rationality. When using a new technology becomes a new paradigm, network misconduct and disorderly behaviours come into effect immediately, therefore, network plays an unavoidable weakening role in real social rules,objectively speaking, leading to germinated in an agricultural society and having been mature in industrial society, traditional criminal law theory and its legislation in the information society are showing more and more obvious systematic lags.To begin with, in the first chapter of this paper, I make it straight to the point, made it clear what is meant by networks alienation of traditional crimes, distinctions between network alienation crimes and related concepts and features it exhibits, we should focus on the object of crime, objective aspect of crime, crimes do harmful to society, criminal jurisdiction for the alienation study. Through the study of crime volume change, enhanced hidden behavior, increase in crime technical level argument, we can specifically identify challenges brought by traditional crimes after Alienation to judicial practice. To solve these problems, it is necessary to start from one little point, according to the particular to the general understanding of the law, we are able to gradually expand the research and feasibility studies, and therefore I strive to select three typical alienation crime to discuss.And In traditional criminal networks alienation, the first, the author discussed the cyber theft crime. Presented at the crime, the most prominent problem is the identification of theft "item", recognition within a range of virtual property protected by criminal law; and then, by way of empirical research, I learned most cyber theft crime were adopting the mode of step by step and diverse means. Second, the author studied another prominent criminal cases of the Network libel in online world, we have to divide the network defamation in handling such cases in accordance with certain criteria for classification, make sure in the process of alienation of libel network, which alienation occurs in the end, the dispute and difficulty in terms of the presence of the constituent elements are identified as the main focuses on the content. Finally, I compared different models of two legal systems in dealing with this issue and put forward three shallow ideas at the normative and factual level. Third, we must pay more and more attention to the phenomenon of infringement of citizens’ personal information for the network crime. Facing the outbreak of violations of the personal information in an exponential type, we must not only fight against the underground black interests of the chain to sell personal information of citizens, but also pay attention to prevent secondary disasters, namely prevention and control of downstream crimes. Consideration of the rules of criminal law is mainly reflected on defining alienation of criminals and its target. In this chapter, the author mainly discussed three types of cyber crimes concerned with their difficulties.Again, in past legislation and judicial practice of cybercrime, criminal law mainly used " double point, three tracks and four lines," limitations on the the ideas of legislation, judicial interpretations on sanctions for cybercrime within a limited number of charges were using basic skills, leading to the dilemma of efforts to deal with cybercrimes becoming more difficult. In addition, advances in science and technology, the possibility of unlimited future development, leading to lessons learned from type of reactive mode and traditional criminal law theory from lack of legislative updates becoming more powerless, unable to evaluate twist technology properly. We should stand from a higher perspective, a broader vision for the holistic thinking of networks and criminal conduct, there must be self-regulation and restructuring of the times for the traditional rules of criminal legislation, traditional criminal law theory and the concept of them, which is embodied in existing charges when charges of criminal law can not accurately describe the traditional criminal networks alienation, we should make a rational choice, that is relatively legality and moderate expansion of explanations.Finally, for the alienation of traditional criminal networks that may also exist in reality it involved a portion or all of the elements in the outside, that the author tried to make it clear the situation where foreign elements arise after the alienation of cybercrime. In order to solve the problem, the author adopted the model of the analysis of the problem, we consider it necessary to improve the path selection of traditional criminal networks alienation. I analyzes the case of theft faced by transnational networks, necessary criminal judicial cooperation, involving countries can help facilitate in terms of preservation of electronic evidences. We can also focus on the criminal legislation, criminal justice and the integration point of view to build "Chinese rule," the big picture, combined with the introduction of network security draft as well as the Criminal Law Amendment Act(IX), drawing on the provisions of the Convention on Cybercrime, to develop related single criminal law, to improve our criminal legislative and judicial level to deal with cyber crime, and ultimately maintain network security.