On The Criminal Legislation Of Cybercrime In China

The emergence and popularity of computer technology and network technology has changed the way people live.At the same time,network technology is also fully applied to national defense,finance,education and other key areas of national economy and people's livelihood.In the daily life and work of people,the application of computer networks has been fully integrated,but it is inevitable that the computer and network technology also breed a new crime.In recent years,cybercrime has continuously penetrated into people's lives,work and study areas,which seriously affected the order of the real society and the network society.In November 2015,the "Criminal Law Amendment Nine" was formally implemented.The amendment to the Criminal Law has increased the number of units for cybercrime as a new criminal subject for the implementation of cybercrime,and also added new provisions to further criminalize cybercrime Regulation,which is more conducive to combat cybercrime,maintaining network security and network user information data security.Therefore,this article will proceed from the concept of cybercrime,the current situation of harm,analyze the current situation and shortcomings of cybercrime legislation,and give the legislative suggestions for the shortcomings.Full text,divided into the following three parts:First,the concept of cybercrime,the status quo and the trend of an overview.This paper summarizes the characteristics of cybercrime and summarizes the development trend of cybercrime.Through the above analysis,it shows the seriousness of the harm of cybercrime.The second part briefly summarizes the historical context of the legislation of cybercrime in our country,analyzes the legislative new idea of cybercrime in the criminal law amendment nine,that is,increases the unit as the main body of the crime of cybercrime,fully protects the citizen's information and makes clear Criminal liability of network service.Explain the shortcomings of the current criminal law against cybercrime legislation.Finally,the author puts forward the specific opinion on the shortcomings in the criminal legislation listed in the second part,that is to clarify the criminal responsibility of the young people to carry out cybercrime,increase the offender,make clear the legal interest to protect the cybercrime and improve the sentencing of cybercrime.