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Research On The Proof Of Chain-type Cybercrime

Posted on:2021-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:J P GaoFull Text:PDF
GTID:2416330614458662Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Chain-type cybercrime refers to a new type of cybercrime that has multiple levels,multiple links,and can form a mature industrial chain with other related crimes.Chain-type cybercrime has many specific problems in the process of proof,but due to the limited pages and author's research capabilities.This article focuses on three typical proving problems: the construction of the evidence system,the identity verification of criminals,and the intention of joint crime proof between criminal members.The main innovation of this article: put forward the chain-type cybercrime and discuss the certification problem intensively.This article is divided into five parts:The first chapter is an introduction,which mainly sorts out the research background and analyzes the research status from the four aspects of cybercrime,electronic data,cyber black production chain,and points out the research value of the chain-type cybercrime proof.The second chapter defines the chain-type cybercrime,and clarifies the difference between it and traditional crime,ordinary cybercrime.Chain-type cybercrime is characterized by rigorous organization,clear division of labor,different links with close connections,and difficulty in evaluating the integrity of cases.The third chapter discusses the construction of the evidence system of chain-type cybercrime.The evidence of chain-type cybercrime has the characteristics of scattered distribution,electronic data dominates,and frequent circulation of evidence between different links.Based on the above-mentioned characteristics of evidence,in the process of constructing the proof system,a dilemma of evidence collection and a dilemma of evidence chain rupture occurred.Firstly,the problem of evidence chain rupture is solved by building a bridge of evidence,and then the construction of a chain-type cybercrime evidence system is started from the constitutive elements of crime.The fourth chapter discusses the issue of confirmation of the same identity in chain-type cybercrime.The identity proof in chain-type cybercrime reflects stealing,renting,forgery of other people's identity information,the identity of criminals in different criminal links may cross,overlap,change,and the identification and proof of criminals in cross-border cybercrime.This can be solved by constructing forensic and proof paths for discovering virtual identities,from cyberspace to disconnected space,and from disconnected space to the real identity of the criminal.The fifth chapter discusses the intention of joint crime problem of the criminals in the chain-type cybercrime.In the chain-type cybercrime,the intention of joint crime has several characteristics,such as the lower level members have less understanding of the criminal organization?lacking of clear and effective communication between the criminals?the understanding and application of the crime of helping cybercrime.For this,the corresponding object of proof can be determined according to different criminals.From the manifestations and the concrete content carries on the inspection to the communication;From the three aspects of "knowingly"," serious circumstances ",understand and apply the crime of helping cybercrime properly,and solve the proof dilemma of intention of joint crime through the above measures.
Keywords/Search Tags:chain-type cybercrime, evidence system, identification of identity, intention of joint crime
PDF Full Text Request
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