Research On Judicial Interpretation Of Cyber Crime

Cyber crime belongs to a new type of crime,with the wide application of network technology widely,lots of combining traditional crime and network factors,gave rise to a large number of the new network crime of different from traditional crimes,the form and means are diverse,impact and challenge to the traditional criminal law theory,to a certain extent,for cyber crime,at present our country has gradually built up on the basis of the penal code,supplemented by the legislative interpretation,judicial interpretation and guiding case supplementary regulation system,this paper combed about cyber crime judicial interpretation since 2000,to study,in addition to preface,abstract,references,conclusion,The main body of this paper is divided into five parts:For the cyber crime in our country judicial interpretation by the first part is summary,mainly introduce the network crime judicial interpretation of the overall background,and then summarizes the network crime judicial interpretation involves the main field,the last is the system of network crime is the main content of the judicial interpretation;The second part is about the classification of network crime judicial interpretation and the overall characteristic analysis,this part of contents according to the standard of judicial interpretations are different,at the same time,in view of the network crime judicial interpretation itself summarizing its across the stage,complementary and charges the three characteristics of universality;The third part introduces the network crime judicial interpretation endowed with new connotation and the theory of criminal law and breakthrough,embodied in for cyberspace "public","public order",as well as the cognizance of the crime object "computer information system",the other is the complement of traditional system criterions for the conviction,the last is the breakthrough to the theory of joint crime;The fourth part analyzes the problems existing in the criminal judicial interpretation is still,mainly including make a standard part of the network crime lack of judicial interpretation,content on the network parts of criminal judicial interpretation is failure,as well as the network crime judicial interpretation of the problem of insufficient international jurisdiction norms;The fifth part is mainly about the outlook of the cyber crime judicial interpretation,in reference to foreign mature system about Internet crime of criminal law,and discuss the perfect Internet crime criminal law in China are put forward on the basis of three kinds of schemes,is proposed for network crime in our country in the future judicial interpretation should be cleaned up,combined with the network crime instructional cases issued new judicial interpretation.