Research On The Perfection Of Criminal Legislation Of Cybercrime

With the advent of the era of network and the Internet technology is gradually mature, the cybercrime is also increasingly prominent. The cyberctime to permeate many areas, has a huge impact on the security of network and the stability of society. In that context, every country in the world makes a series of laws and regulations unifying own actual situation. Since 1997, when the establishment of charges system of cybercrime was found in China to Amendment to Criminal Law(ninth edition), completing the multiple transformation charges expansion, then has form ed a more rigorous system of cy bercrime. However, because of the rapid development and very dangerous to society which makes it insufficient of criminal law on sanctions and evaluation, mainly for the imperfection of legislative system, the blank of subjective fault liability regulations, the single configuration partial punishment, and international cooperation should be strengthen further, etc. As the core of regulating cybercrime, criminal law needs to be improved from the legislative level to adapt to the new situation and meet the demands of cracking down cybercrime. The full text, besides the preface and the conclusion, was mainly divided into five parts to explore:The first part is an overview of cybercrime. This part describes the formation of the concept of cybercrime at the beginning, and then integrates related cybercrime theories from the judicial circles and academia both at home and abroad, putting forward the author's own views from the pe rspective of criminal law, and finally, briefly discuss the characteristics and development trend of cybercrime.The second part is about the legislation evolution and present situation analysis of cybercrime. This section briefly describes the development of cybercrime legislation in our country, and the latest status of legislation.The third part mainly studies the deficiency of cybercrime legislation in our country. China has been attached great importance to cybercrime prevention and punishment, but for the Internet development in China starts late, the present situation is that regulating is far behind the development of cybercrime. This is not only a matter of the imperfection about the legislation system, but also involves a lack of awareness of cybercrime details, such as inadequate understanding of subjective fault liability as well as th e harm of cybercrime,which reflects th e unreasonable stipulation of pena lty configuration, and the penalty measurement is too light and the penalty type is too simple. This paper gives a detailed description following.The fourth part is th e research about law legislation of cybercrime in the world. Since developed countries in European and American started early network technology, they are more advanced in cybercrime legislation. On July 1st 2004, The Convention on Cybercrime are passed and took into effect by the European council. It is the world's first global and executed anti- cybercrime, and plays an important role in the uniform zing d evelopment for glo bal cybercrime and t he establishment of the international anti-cybercrime judicial cooperation mechanism. These creative achievements, show a great reference significance to perfect criminal legislation of national network. Through briefly describing network legislation in several typical developed countries of the Anglo-American law system and continental law system, this paper, focus on Britain, the United States, Germany, Japan, and the relevant provisions in The Convention on Cybercrime in ord er to explore a s uitable legislation countermeasure to our national situation.On the foundation of c onsulting the international advanced legislative experience and being established by the national situation,the fifth part, referring to the latest Amendment to Criminal Law(ninth edition) and the Internet Security Act(draft) and other relevant provisions, put forward some suggestions to perfecting the national cybercrime legislation. It mainly includes several aspects as followed, perfecting the legislation system at multi-level, improving the fault liability regulations, raising the statutory sentence,adding qualification penalty, realizing international butt in a scientific and reasonable way.