The Judicial Application Of Cyber Crimes In China

The Internet enriches the human life,so that the way of life has also been changed greatly.At the same time,the prosperity of the Internet is accompanied with the negative effects that all kinds of cyber crimes are endless.In order to deal with the increasingly serious types of cyber crimes,"the People's Republic of China Criminal Law Amendment(9)" set up a series of legal provisions on cyber crimes,which is meaningful.However,Chinese criminal law on charges,criminal acts,subjective elements,penalties and other aspects of the provisions of cyber crimes are still incomplete.There is a gap between China and developed countries.Based on the above points,the author will analyze the problems in the application of cyber crimes,including the following aspects:The first part,the author will regard "the People's Republic of China Criminal Law Amendment(9)" in the provisions of cyber crimes as the object of study,focusing on "the People's Republic of China Criminal Law Amendment(9)" Internet crimes in the three additional charges,refused to perform(Article 286),the crime of unlawful use of information networks(article 287),the crime of helping to criminalize cyber crimes(article 287 bis)and the two main offenses of the amendment--Selling and providing citizens' personal information illegally,and illegal intrusion into the computer information system crime.And then the author will make a brief assessment,and strive to reinforce the theoretical basis of this study.The second part will discuss the problems in the crime of cyber crimes and the corresponding measures,trying to summarize the most prominent problems,and put forward targeted countermeasures.In particular,there are three main problems: first,it's difficult to prove subjective elements "knowing" in the crime of helping information network crime;second,the border of citizens' personal information in violations of citizens' personal information is difficult to define.Such as citizens,there is a doubt that whether it should be limited to Chinese citizens or should include foreigners and stateless.In addition,the cover of " personal information " is not clear;third," neutral help behavior " seems to be a normal business behavior,so the penalty boundary is difficult to define.There are four main measures: first,through the judicial interpretation of the "knowing" the provisions,we can use "presumption" to solve the problem;second,make "personal information" range in violations of the personal information clear.Personal information refers to information that everyone does not want to be aware of,with the value of legal protection and feasibility."Citizens" include both Chinese citizens and foreign citizens and stateless persons;third,through the plot restrictions and legal measures,we should define the "neutral help behavior" punishment boundary.Only the "serious circumstances" of the neutral help behavior is within the scope of criminal law;in addition,we need to pay attention to measure the social value and damage the neutral help behavior.The neutral action within the scope of normal business shall not be given criminal punishment;fourth,make objection to comply with the information network security management obligations clear in the crime of the contents of the obligation,for example,managers should fulfill the obligation of registration and so on.In the third part,the author makes an empirical study on the severity of crime and the types of cyber crimes in our country.First,the set of overall penalty of cyber crimes is too light,which is not conducive to the role of discipline and prevention,and the exercise of our jurisdiction;second,the cybercrime type is single,lacking of qualification requirements.Chinese current qualification includes the deprivation of political rights and deportation.The former's deterrent effect has been weakened,due to social environment changes;the latter's application scope is limited,due to it focuses on non-native.The measures are divided into two parts.The first is to improve the penalty of cyber crimes,concerning different penalty ranges for different criminal situations.The second is to construct and perfect the application of the qualification penalty so that it could play a better role in crime prevention.I hope this study can play a role in the academic community.