Criminal Law Analysis Of Network Virus Extortion

For the Internet age,2017 is bound to be an extraordinary year.On one hand,the announcement of China's "Network Security Law" marks the advent of the independent legislative stage of China's cybersecurity in the information age,which will make it illegal for network security Crime prevention and regulation have laws to follow.On the other,the widespread spread of ransomware in the Internet has led to a change of color in the online world,followed by the innocent trauma of various industries in our country.It can be seen that in the face of the rapid rise and development of network technologies,it is obvious that the cybersecurity legislation can not regulate the network misconduct from specific rules,resulting in an increasing number of cybercrimes and an ever-escalating trend.Among these,Internet virus extortion can be said to be one of the most widespread and destructive cybercrime.This low-cost and profit-making virus ransomware has led more and more people to be willing to defy the law by widely disseminating virus-encrypted system documents in order to extort money and property,seriously disrupting people's online public order and posing a tremendous threat to public and private property.loss.Therefore,this paper attempts to analyze and expound the network blackmail behavior from the perspective of criminal law.The structure of the paper is as follows:The first chapter probes into the connotation and characteristics of network virus blackmail behavior from the perspective of professional technology.Network virus blackmail behavior includes the spread of virus beha,vior and ransom raiding behavior,and has four typical characteristics that are different from the past network virus transmission behavior.In the second chapter,based on the characteristics of the network virus extortion,the criminalization of the act of transmitting the virus and the ransom of ransom are respectively identified.The possible crimes are analyzed,and the solutions to the relevant problems are put forward.Finally,the conclusion of establishing the crime is reached.The third chapter is based on the principles of implicated offender,which analyzes and expositions on what kind of charges should be taken to make the network virus blackmail behavior that constitutes a reversionary act.And it tends to punish the crimes of network virus extortion.The fourth chapter summarizes and draws on the original theory of jurisdiction,including the theory of the traditional four major jurisdictions and the new theory of jurisdiction for the rise of cybercrime,in view of the issue of transnational crime of the network virus extortion.It is helpful to apply this thorny issue.This article analyzes the network virus blackmail behavior from the three aspects of the typical features of the network virus blackmail behavior,the criminal identification,the establishment of the charges,so as to provide reference for the theoretical research and practical problem solving of this behavior.The reference content.