Judicial Identification Of Cyber Theft

With the development of network information technology and the increasing popularnty of the Internet,it has fundamentally changed the way of human production,life and communication,as well as the original mode of criminal behavior.As one of the earliest property crimes,larceny also appeared variety in the background of Internet.This paper systematically hackles the concept,characteristics,composition,research status at home and abroad as well as the problems existing in judicial practice and the methods to grasp them,based on network theft behavior as the breakthrough point,meanwhile,it also puts forward some suggestions on how to identify them in judicial practice.The main contents of this paper consist of the following four parts:The first part is "The Basic Theory of Network Theft",mainlythrough the introduction of the concept,characteristics and types of network theft to clarify the concept of network theft,the legal positioning of network theft and its unique characteristics compared with traditional theft,in order to lead to why network theft will arise problems in practical identification.The second part is "The Research Status and Comparison ofNetwork Theft at Home and Abroad".Through the investigation of the research on Network theft and the cognizance of its judicial practice in foreign countries,the paper compares with the current judicial practice in China,to find out the deficiencies in the current judicial practice of Network theft in China,and then lead to the third part of "Problems Existing in the Judicial Cognizance of Network Theft".The third part "Problems Existing in the Judicial Cognizance ofNetwork Theft"is mainly from the objects of network crime,charges,amount,unfinished form of crime and other aspects,through the examples and analysis of different cases,illustrating the the difficulties and contradictions of network theft in judicial cognizance under the Internet background in detail.The fourth part is "The suggestions on perfecting the judicial identification of network theft".Starting from the problems in judicial practice and applying the theory of criminal law,this part clarifies the specific nature of "Virtual Network Property",the method of determining the amount of crime,the distinction between network theft and other charges,and the cognizance of other specific circumstances in network theft,meanwhile,clarify how to specifically grasp the behavior of theft in the new form of Internet.At the same time,this section introduces the concrete manifestations of the criminal forms of network theft existing in the current practice by referring to the practical cases in the network of judicial documents,makes a concrete analysis of these criminal forms in combination with the specific cases,combines the theoretical analysis carried out in the previous article,linking theory to practice,and puts forward the following suggestions:It is proposed that "online virtual assets" should be regarded as the object of larceny,the amount of crime should be classified in stages,and the criteria for distinguishing network theft from network fraud and illegal infringement of computer information system crimes should be clarified.In order to provide reference for judicial identification of practical departments.