Research Into Criminal Regulation Of Gangland Crimes Committed By Using Information Network

Gangland crimes committed by using information network share a significant portion of common characters with cybercrimes and traditional gangland crimes,however,they are by no means as simple as a compromise of the lattcr crimes.With regard to the external forms of gangland crimes committed by using information network,they have a distinct characteristic of high utilization and reliance on cyberspace,which is mainly embodied in releasing or deleting pejorative or false information,or sending offensive messages or images to threaten,blackmail,intimidate or annoy another person.While with regard to the fundamental characteristics,the aforesaid crimes can be considered as a new type developed in the Internet era on the basis of all the essence and core of the traditional gangland crimes.Although the place in which such crimes happen has been changed from offline space to cyberspace,all kinds of specific gangland crimes are still being committed the same as usual.After the four laws and policy documents respecting the Special Criminal Syndicate Combat which were jointly issued by the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,and the Ministry of Justice finally coming into effect on October 21,2019,criminal cases involving gangland crimes committed by using information network are defined and explained more clearly.On the basis of the Criminal Law of the People's Republic of China,in order to achieve a stronger and deeper governance effect on gangland crimes committed by using information network,we need to have a thorough understanding of the existing policies or regulations and guarantee a good compliance.With a view to the subjective and objective elements of the specific crime,networking shall be the key feature to accurately identify evil forces which are set out in the new type of the aforesaid crimes.Moreover,it is also important for us to improve the criminal regulation system as well as to stick to the principle of legality and the criminal policy of combining leniency with rigidity,remain committed to "cracking down on a crime at an early stage or when a crime is petty" and "cracking down on crimes precisely and accurately".This thesis will combine the actual situation of domestic criminal legislation and the practical experience of criminal justice,and achieve a grasp of essence and feature of gangland crimes committed by using information network through horizontal and vertical comparative research.While discussing the practice and ameliorated orientation of the cracking down of the aforesaid crimes,the future improvement and application of the current criminal regulation system will always be regarded as the primary consideration.In order to achieve further conclusions regarding the improvement of the current criminal regulation system on the basis of a throughout understanding of gangland crimes committed by using information network,this thesis is consisted with five chapters:First of all,this thesis introduces the classification and identification of the traditional gangland crimes which later transform into criminal cases involving gangland crimes committed by using information network.With the releasing of a series of related laws,judicial interpretations and other regulatory documents,the basic characteristics can be derived through comparison with the traditional gangland crimes.With a view to the comparison between gangland crimes committed by using information network and general cybercrimes,the second chapter of this thesis firstly forms a basic understanding of general cybercrimes on the basis of foreign research theories as well as domestic theories and practices,and then reaches a further conclusion regarding the influences and changes took place after the cyberization of gangland crimes.In the third chapter of this thesis,Paid Internet Trolls and Gangsterdom PR are listed as typical forms of criminal cases involving gangland crimes committed by using information network.Several cases are attached to illustrate the current practical experience of criminal justice against gangland crimes committed by using information network which are represented by the listed forms above.Especially on the basis of the application of the criminal regulation system,this chapter intends to find problems from the integration of theory and practice,and then pay more attention to any problems arising hereinabove.As a response to the problems raised in the third chapter,the fourth chapter of this thesis seeks to confirm the direction of the future improvement of the current criminal regulation system through various angles and methods.For one thing,this chapter takes relative theoretical and practical measures of foreign countries into consideration,for another,achievements and new practical experiences of China in legislation,justice and enforcement of criminal law are also comprehensively considered.All above are devoted to reaching constructive suggestions on the future improvement of the current criminal regulation system.The last chapter is the conclusion of this thesis.It not only summarizes the basic points of the full thesis,but also proposes the possible direction of the future improvement of the current criminal regulation system.In this chapter,efforts are encouraged to made to promote the formation of a flexible and applicable long-term mechanism for cracking down on gangland crimesGangland crimes have caused extensive damages for quite a long time.On the basis of traditional crimes,gangland crimes committed by using information network combined with the elements of cybercrimes have further expanded the damage and the scope of the crimes.With the theoretical guidance of the principle of legality and the criminal policy of combining leniency with rigidity,the future improvement of the current criminal regulation system for gangland crimes committed by using information network will be a process in which the application of the existing laws,regulations and other regulatory documents become more appropriate and the integration of efficiency,fairness as well as justice is realized.Especially after the involvement of information network,one of the key points which should be focused on in the long-term struggle against the gangland crimes turn to be pay more attention to the changes and influences of criminal cases involving gangland crimes caused by cyberization on the basis of a throughout grasp of its core.As the response to any changes or situations that may or have already occurred in practice,prompt adjustments of the current criminal regulation system shall be another key points.