Defining And Control Of The Crime Of Theft Though Internet

With the rapid development of computer network,online shopping has become the main way of shopping,electronic currency came into being.The use of computer networks to implement the theft,fraud,because of the low cost of crime,the crime of concealment and show a high trend.Zang Jinquan's case concern theft and though internet is the Supreme People's court to all levels of people's court trial of similar cases in order to provide a reference to avoid judicial practice in different codefendant "situation occurs repeatedly and release of guiding cases,aimed at through the guidance to unify the law applicable.By contrast the case guidance,two kinds of criminal acts of identification of Zang Jinquan.To illustrate using computer network to implement the cheat steal interweaving to qualitative.The behavior of the behavior of the people that should be the way of behavior.In this case,the behavior of people in the secret theft and fraud under the compound means of the implementation of the theft,fraud is only for the theft of manufacturing conditions,creating opportunities.In this regard,it can be investigated from the two aspects of the disposition and disposition of consciousness.The author thinks,the cognizance of crime amount of theft crime should count the amount of the loss to the property of the victim,in pursuit of fairness and justice of the criminal law;should "from the account" as such crime accomplishment standard to achieve network space "out of control" and "control" unified.Due to the variation of this kind of crime in cyberspace to the traditional criminal theory have a certain impact,the inevitable emergence of applicable laws lag.The perfection of legislation,first of all should be affirmed the rationality of the current legislation mode,secondly from microscopic clause of criminal law started,but also pay attention to achieve the equilibrium of sentencing system.