Research On The Criminal Regulation System Concerning Cybercrime Crimes

In recent years,with the acceleration of the Internet,the popularity of smart mobile devices,and the construction of a shared society,network cloud disks have gradually entered the field of vision.Network cloud disk has the characteristics of large storage space,access,editing,and sharing of aggregated resources anytime,anywhere,and these characteristics determine its broad market prospects.However,it is precisely because of its characteristics of large capacity,strong concealment,and ease of sharing.It has become precisely a tool or platform for criminals to commit crimes."Criminal Law Amendment(ix)" involving new content related to the Internet,the network operators refused to honor the obligations of network security management,network implementation using the criminal and the crime and other information to help cybercrime provisions,but these provisions more general,even It is considered as a "bass of nature" rule.In the face of increasingly rampant cybercrime-related crimes,the existing criminal law provisions have relative limitations.In view of this,from the perspective of theoretical analysis and comparative research,this paper analyzes the behavioral patterns involved in cybercrime crimes,and according to the different actors,carries out a detailed analysis of cybercrime-related crimes,and then points out that China's existing The legal deficiencies and dilemmas,combined with international law and extraterritorial provisions,provide targeted recommendations on relevant crimes related to cybercrime in China,with a view to improving the criminal law system in China and criminal judicial practice related to cybercrime crimes related to criminal law There are benefits to the solution of regulatory issues.There are more than 32,000 words in this article,which are divided into four parts except for the conclusions:The first part: Introduction.This paper introduces the current situation of the use of network cloud disks in China and the necessity of incorporating the network cloud disk hazards into the criminal law system.The second part: Overview of cyber cloud disk and related cyber cloud crimes.This paper introduces the features of network cloud disks and the implications of cyber cloud disk crimes.At the same time,according to the behavior patterns of network cloud disk typesinvolved in network hazards,criminal behavior related to network cloud disks is summarized into five types: First,the use of network cloud disks.The resource holders use the network cloud disk to transmit without confidentiality;the second is that the network cloud disk users(resource holders)use the network cloud disk to encrypt and spread;the third is the network cloud disk users,the network cloud disk operators and the network.Service providers(generally refer to resource aggregation websites)collaborate on infringing copyright or disseminate illegal resources;Fourth,hacker directly invades network cloud disk to steal relevant data and spread it illegally;Fifth,hackers help or indirectly help others to delete illegally by selling hacking tools.,Steal network cloud disk data.The third part: It discusses in detail the different types of criminal regulations related to network-based cloud discs.According to the cybercrime operators,users,supervisors,and third-party hackers,hackers,the four types of hackers conduct detailed discussions on the criminal behavior of cloud-based disks,including(a)the network cloud disk "Operational behavior,that is,the criminal law that refuses to perform information network management security obligations and help information network crimes;(2)The criminal law applicable to the use of Internet cloud disk "deviations": Infringement of copyright behaviors involving network cloud disks,involving network cloud The criminal law of the dissemination of pornographic articles,terrorism involving cyber cloud discs,criminal acts of extremism,and methods of imparting criminal methods involving cyber cloud discs apply;(3)the application of the criminal law involving the “improper” supervision of cyber cloud discs;(4)The application of the criminal law concerning the "hacker" behavior of network cloud disks,including the criminal law applicable to the behavior of hacker who directly invade the user's network cloud disk,and the behavior of selling illegally invaded users' network cloud disk hacking tools.In the layout of the article,this section focuses on several common criminal activities such as the existence of a controversial refusal to perform network management security obligations,infringement of copyrights,and intrusion into the computer system.At the same time,in order to ensure the integrity of the system,it briefly discusses other criminal acts..The fourth part: Starting with the application of criminal law in China's judicial practice,combined with international treaties and extraterritorial experience in legislation,put forward corresponding suggestions for improvement of criminal law.The article proposes to remove the "for-profit" purpose in the crime of copyright infringement,add the "network informationdissemination" behavior in the crime of copyright infringement,and strengthen the"obligation of notification" of resource holders to clearly hold and disseminate articles containing child pornography information.The principle of aggravating punishment,amending the standards for the crime of spreading pornographic articles,clarifying the“ serious circumstances ” in the crime of illegally holding terrorist or extremist articles,revising the crime of illegally using information networks,and helping the crime of information cybercrime,and The data on the "incorporated into the computer information system,set the information network prohibition order.