Research On The Crime Of Illegal Use Of Information Networks

In recent years,the illegal use of information and network crime cases occurred frequently,make different judges in the case of this kind of judgment,elements of the crime of illegal use of network information and know how to identify by the academic circles and the public hot.With the rapid development of information network technology,the use of means of network crime continues to change,such as the common fraud information,mobile website,black,pseudo base station fraud two-dimensional code,trojan virus links,can be described as full of tricks.A new network of criminal law tradition has been unable to effectively combat the illegal use of complex information network,the new crime will curb the rampant Internet crime momentum,can accurately be applied to the judicial practice is a topic worth discussing.This paper,based on the comparative study of the three cases of the controversial Zou,Pengmou fraud,according to the relevant judicial interpretation analysis,and will focus on the issues that both parties for processing and integration,in addition to the views of scholars and the viewpoint of processing and analysis.In addition to the introduction and conclusion,this article is divided into three chapters for analysis,research and demonstration:The first chapter according to the practice,the illegal use of the information network of the crime of three typical cases of(Zou,Pengmou fraud,Wang Bin providing intrusion,illegal control of computer information systems program,tool case,Xu Aiming,Wang Zhendong,and fraud)will be the focus of controversy of the case are summarized in three points: one is "Zou,Pengmou fraud" identification of the charges,the problem of distinguishing and illegal use of information network and the crime of fraud;the two is through the "Xu,Wang fraud" the first case analysis and comparison,summed up the focus of controversy is whether the existence of heavy sentence,and the sentencing of the case against the defendant one is reasonable?When the old and new charges of competition,the penalty of this crime is whether imbalances;three is the focus of controversy in third cases: the defendant Wang Binissued false rental website and virus program information,whether the evaluation for the crime of illegal use of network information and the existence of the crime and the preparatory behavior,traditional crime of competition how to apply to other issues.The second chapter is the comparison of the three cases,and the common problems of both parties in dispute in the course of the trial are summarized as the following three points: one is the illegal use of information network crime conviction aspect problems,mainly for the subjective aspect of the crime identification difficult,the provision of behavior is not perfect,"serious" the standard is not clear,not careful statements counts;two is the imbalance of the penalty set,mainly is the crime of criminal law punishment the lack of variety of statutory sentence of light;the three is easy to produce and traditional crime concurrence,mainly in the judicial application boundaries of crime and traditional crime concurrence fuzzy evaluation of the crime and the dilemma the traditional charges generated when competing,the problem of weak operation in judicial practice.The third chapter is mainly about the inspiration of the case study,and gives some suggestions on the reasonable application of illegal use of information networks.One is to improve the illegal use of information and network crime problems,from improving the subjective scope,the detailed behavior,clear the "serious" legal standard,reasonable explanation of this crime and other aspects of perfecting the provisions;the two is to regulate the illegal use of information network crime sentencing standards,improve the legal punishment of the crime,legal punishment this kind of perfect,increase other measures except free punishment outside;three is accurately distinguish illegal use of crime information network crime,from the definition of the crime and traditional crime concurrence is reasonable,accurate determination of accomplishment of the crime problem,perfect as soon as possible the introduction of relevant judicial interpretations.