Research On Criminal Legislation Of Cybercrime In China

With the improvement of network information technology,the network brings convenience to people.At the same time,the related problems of network crime are becoming more and more prominent,which has caused a huge impact on network security and social stability.The supporting system can not keep up with the development of the network,resulting in insufficient crackdown on network crime.Since the Criminal Law of 1997,the accusation norms of cybercrime in China have completed many transformations and extensions,and regulated cybercrime to a certain extent.However,cybercrime is covering all areas of social life,and its complexity and objective harm are far from the traditional crimes.As a result,the criminal law has some shortcomings in the sanctions and evaluation of this type of crime,the relevant legal system has not yet been formed,and the legislative level is relatively backward compared with the developed countries.In order to prevent and punish the actual needs of cybercrime,criminal law,as the most powerful weapon to regulate cybercrime,should be perfected in the legislative level.As a new concept,its definition is necessary to distinguish traditional computer crime from cyber crime,and to analyze the characteristics and classification of cyber crime,we can have a clearer understanding of cyber crime.In exploring the current situation of legislation on cybercrime,this paper briefly describes the development process of legislation on cybercrime in China.From the legislative provisions on cybercrime in the Criminal Law of 1997,the Decision on Maintaining Internet Security,the expansion of the scope of combating cybercrime in the Criminal Law Amendment(7),the legislative provisions on cybercrime in the Criminal Law Amendment(9),and the Cybersecurity Law,Summarize the development of cyber crime.In view of the legislative defects of cybercrime,this paper mainly discusses the insufficiency of legal protection,the imperfection of the accusation system,the lack of interpretation of terms in criminal law provisions,the defect of subjective provisions of crime,and the insufficiency of penalty allocation.After exploring the criminal legislation system of cybercrime in foreign countries,this paper summarizesand summarizes the characteristics of legislation in various countries,finds out its advantages,and hopes to provide scientific and reasonable legislative countermeasures based on the development of China's national conditions.On the basis of drawing lessons from the advanced international experience and basing on the national conditions of our country,this paper puts forward some pertinent suggestions for our country's cybercrime,including perfecting the criminal legislation system of cybercrime,increasing the protection of personal legal interests,redefining the terms of criminal law provisions,adding the provisions of liability for negligence of cybercrime and improving the allocation of penalties,hoping to complete the criminal legislation of cybercrime in our country.Good aspects put forward their own ideas.