Research On Internet Economic Crime With The Implementation Of "Cybersecurity Law Of The P.R.C"

Computer&Internet technologies have mushroomed exponentially in the context of the 3rd Scientific&Technological Revolution.The world has entered an information age.When it brings us convenience,it also brings us harm.The global and anonymity of the network come into being Internet delinquency space.Therefore,ideological publicity,legislation and infrastructure are extremely important to maintain Internet security.It is also of remarkable practical significance for our legitimate use of the network and the fight against illegal crime.Since the first elaboration of internet issues from the 3rd Plenary Session of the18 th Central Committee of Communist Party of China,and the Decision on Major Issues Concerning Comprehensively Deepening Reforms had been adopted.It has been made clear to increase legislation on the Internet,to improve the legal system of Internet information services,Internet security,and online social management,the construction of work mechanism to prevent and combat cyber crime had been placed on the agenda and urgently need the theoretical support.However,research on this area has not yet matured.Therefore,this paper has some theoretical and academic value for research in this field.This paper mainly focuses on the two main lines of "technology" and "policy &law",and conducts research according to the ideas of asking questions,analyzing problems and solving problems.First of all.Prolegomenon introduced "Eternal Blue" events as cases,Combining the current research status at home and abroad.Meanwhile,the promulgation of the "Cybersecurity Law of the People's Republic of China" provides an opportunity to establish a whole system of crime control.The functional significance of this paper is demonstrated.The hope from the 3rd Plenary Session of the 18 th Central Committee of Communist Party of China for the construction of Internet security demonstrates thetheoretical value of this paper.The disputes of law circle around the field of Internet crime which is urgently need to be solved to demonstrate the high scholarly value of this paper.The opening line of this article is "policy & law".From the new characteristics of Internet crime,with the characteristic that Internet crime and economic crime are mostly belong to the mala prohibita,this paper summarizes different viewpoints of scholars on defining Internet crime and economic crime,defines the extension of Internet crime and economic crime by combining the problems existing in practice.Two points are submitted creatively in combination with the applicable principles of criminal law and historical materialism.First,mala prohibita must strictly follows the principle of nulla poena sine lege punishment to maintain the modesty of criminal law.On the other hand,mala prohibita was established based on the certain history of economic conditions,cultural conditions,etc,at the same time,due to the differences between the objects,it leads to the difference in the extent of the damage.Liability for unlawful behavior should be embodied in the conviction and sentencing.Second,the point is to ask questions and summarize the experience.The aim at this paper is to combat and control Internet economy crime.From the national cyber space security,the Communist Party of China's ideology security in propaganda,the nature of the virtual currency etc.The paper has sorted out historical development,policy evolution and achievements.It is important to note that the network infrastructure construction,personal information data security,and the prevention of ideological invasion has certain obstacles.Contradictions between the high demand for network security construction and the imperfect legal system is also needed to be solved urgently.Through the analysis of domestic and foreign legislative experience,the problem is that China's Internet technology started late.But the progress is fast and the legislation is difficult to follow up.Look at the current legislation in the Internet domain,it is still in the stage of "Treating the symptoms and not the disease".By summarizing and refining the Communist Party of China's successful experience in history,it is still very important to get the propaganda work of the party to the information age.To achieve the absolute leadership of the Internet space,we can effectively promote the party's progressive policies,guide citizens to abide by the laws and regulations,and ensure the safety of ideology.All those are critical to the security of the Internet.At the end of the main line,the emphasis is research on the countermeasures.From side of the network security law and other departmental laws to form a whole jurisprudence,and how to strengthen the leadership position of the Communist Party of China in the Internet space.We can improve the Internet security system from aspects such as optimizing institutions,policy support,legislation,ethics and international cooperation,and emphasize the importance of network security,guide the masses within the scope of the legal rational utilization of the network,so as to guarantee the development of the Internet health and safety in our country,and control the Internet economic crime.The other principal line of this article is "technology".Taking the analysis of "Wanna Cry" virus source code as an entry point,the phylogenesis of computer virus is Comprehensively analyzed.The technical characteristic and transmission way of natural virus can be applied innovatively to the computer virus.After constructing the corresponding model and studying the technical characteristics of computer virus,A three-in-one control strategy of individuals,network operators,and Internet security companies which is based on their technical characteristics is studied to improve the difficulty of Internet crime so as to control the crime.At the end of the paper,based on the research of the Internet economic crime,I had finished the writing of this article.At the same time,in conjunction with the case of filing and jurisdiction relating to Internet economic crime brought into contact during practice of the Supreme People's Court of the People's Republic of China.Puts forward some relevant advices try to have certain practical significance.The construction of network security is an extremely ambitious project.It involves policy,legislation,diplomacy and technology,etc.This paper constructs a set of control strategies of Internet economic crime from policy,legislation and technology.However,there are not enough refinement and operability.The micro level argument is not deep enough.It is prepared to further to deepen the ideology security level of the Internet security system in future studies.