Research On Criminal Law Regulation Of The Mobile Internet Crime Of China

As a new kind of Internet crime, mobile Internet crime refers to the perpetrator take all kinds of mobile terminal as an object or tool, using the network to commit crimes which are damaging system and data security of mobile terminal, and network security or commit other crimes. It is computer crime in nature. Therefore, the current criminal law provisions which about computer crime also are specification basis of regulation in mobile Internet crime. By interpreting these specifications from the vision of legal dogmatic, it shows some problems:Firstly, analyzing some problems which are possibly appearing in judicial practice when preparatory act of Internet crime is became principal act. Secondly, analyzing the act of accessory of Internet crime isn't turned to principal act. Thirdly, the type of penalty of computer crime should adapt the mode which is combining with punishment against freedom, mulct and punishment against qualifications. Fourthly, analyzing the problem of limitation of identification standard of “serious circumstance” or “serious consequence” in relevant articles, and how to identify “serious circumstance” in relevant articles of Ninth Criminal Amendment, and interpret “other conditions of serious circumstance”.Moreover, it is necessary to analyze some problems in judicial application on the basis of the interpretation of relevant criminal articles. Firstly, to give a comparative analysis about some relevant criminal articles and theories and judicial precedent, etc. Secondly, analyzing the way of identifying imaginative joiner of offence and implicate offender in the case of mobile Internet crime. Thirdly, it is important to analyze some problems of accomplice in the case of mobile Internet crime. Fourthly, it is also important to analyze the problem of proof of purpose of the people who set up a website or communication group and other problems, then propose some ways to solve these problems.