Discussion On The Application Of Criminal Law About Cyber Crime

Cyber crime is not a new today, however,how to regulate cyber crime in criminal law in our country is still in the exploratory stage. Currently, our country criminal law legislation in regulating cyber existing some deficiencies,such as:regulations in cyber crime subject is not perfect; the narrow subjective rules; lacking of special legislation, imperfect charges set; narrow protection, etc. Cyber crime in criminal law theory study is just out of computer crime, and get rid of the traditional theory and regulation. But compared with the major countries in European and American about mature theory and criminal law system in cyber crime,Chinese criminal law lag is very outstanding.To solve the cyber crime legislation in China,which can not effectively deal with the needed of solve some new type of network crime problem in real life, to effectively contain the cyber crime, the legislative level to improve the problem is needed. At the same time,the mistake of cracking down on cyber crime,in reality and using analogy,to explain even against the statutory principle of crime, this article discusses from the perspective of the protection of citizens’ rights. Regulation cyber crime in criminal law, the author will discuss from the following several parts:The first part is to discuss the research background and research meaning of cyber crime. On this basis, the second part details the concept, expression forms and characteristics of cyber crime.This part is basing on clarifying the concept of computer crime and cyber crime, combined with domestic and foreign judicial academia, detail the main forms of cyber crime and prominent feature.The third part through the introduction legislation evolution of cyber crime in our country and under the background of Amendment (Ⅸ) to the Criminal Law of the People’s Republic of China to talk about the deficiency of cyber crime of criminal law in our country. The fourth part is through the study on the experience of cyber crime legislation in the current mainstream national, by focusing on the network security legislation in America and the European convention on cyber crime, analyzes their main measures and important achievement to provide reference for the next step to our country cyber crime legislation.The fifth part,which is on the basis of our national conditions,put forward some suggestions to perfect our country cyber crime legislation including draw lessons from foreign experience of establishing network backbone framework of criminal legislation.At the same time, research on how to use qualitative analysis and quantitative analysis method to convict the cyber crime scientifically.