Study Of The Cyber Crime Criminal Legislative Deficiency And Perfect In Our Country

The Internet opens a door to a new world for mankind, and makes people’s lives colorful,convenient, improved. But There are both advantages and disadvantages for everything. Internet is a double-edged sword. With the combination of Internet and people’s life increasingly close, the network crime lurking. For increasingly high incidence of cyber crime, Amendment(IX) to the Criminal Law of the People’s Republic of China promulgated, it has a positive practical significance to fight against network crime. However, we still should see in our country the accusation system of crime network settings, statements counts, subjective requirements, statutory penalty allocation for deficiencies and gap with developed countries in the world. Thus, in this paper, through the analysis of the concept of computer crime and cyber crime concept, our country network crime legislation present situation and the foreign network crime legislation status simple contrast. It is found that existing in our country’s criminal legislation on cyber crime, and puts forward the corresponding countermeasures and suggestions. Specifically, it is divided into the following five parts:The first part is about the development and evolution of cyber crime and computer crime.This part introduces the concept of computer crime, the background, the theory of domestic and foreign related theory, the evolution of the network to explore the path of crime, therefore,redefine the concept of network crime.The second part makes a brief review of the history of criminal legislation in China, and focuses on the analysis of the current situation of the criminal legislation of network crime.The third part explore the criminal legislation system of foreign network to explore,summarize and sum up the characteristics of the legislation of various countries, and simply compare with our country, found its advantages.The fourth part is mainly to study the problems of network crime in our criminal law in legislation. Find that the main problem lying in the system of accusation setup is not perfect,statements counts is insufficiently rigorous, meticulous, protection like imbalance in the allocation of penalty, punishment to the low.The fifth part on puts forward some suggestions of cyber crime legislation in China on the basis of foreign advanced legislative experience and based on the national conditions. Includingperfecting the legislation of the relevant terms interpretation, expressing the perfection of the facts,increasing the negligent crime, strengthening the special protection of data and minors, adding the qualification penalty, improving allocation of statutory sentence.