Criminal Legal Regulation Of Network Drug-related Phenomenon

The Internet has become an essential part in modern society.It has provided impetus for social development,and its characteristics of convenience,high-speed and efficiency have spawned new economic and cultural forms and forms of social interaction methods,but also have provided opportunities for criminal activities.In order to reduce risks,evade strikes and expand the scale of crime,criminals have begun to use the Internet to carry out various criminal activities.Emerging forms of cybercrime such as telecommunications fraud and online gambling are spreading in cyberspace nowadays.Cybercrime is not restricted by geographical space.It can gather criminals and transfer stolen money in a very short time,and can also quickly clear the trajectory of criminal activities.In short,cybercrime seriously affects the development of the entire society.Network drug-related crime derives from the advancement of network technology and the development of network culture.It exhibits different characteristics from traditional drug crime,and is more variable in terms of means of committing crimes and forms of such crime.The types of network drug-related crime are complicated.Generally speaking,they can be divided into two categories according to the behavioral qualities.One is the networking of traditional crime,that is,transforming the behavior from traditional space to the Internet to improve the efficiency,increase the proceeds and reduce the cost of crime.The most typical example is drug trafficking through the Internet.In this kind of crime,the Internet is used as an auxiliary tool to facilitate criminal activities,while its participation is limited.The other is cybercrime in its true sense,that is,spreading harmful information through the Internet,imparting criminal experience and committing other pure "cybercrime",such as instigating,luring,deceiving others to take drugs or using the Internet to spread drug-related information.Compared with the traditional drug-related crimes,these two kinds of crimes are quite different in behavior,subjective purpose and countermeasures,compared with the traditional drug-related crimes.China's cybercrime legislation is relatively lagging behind,and the management norms of network technology is not perfect.Also,the current legal system is not able to deal with the ongoing network drug-related crimes effectively,and the traditional means of investigation also have some limitations.It is of great importance for combating network drug-related crime and improving cybercrime legislation and judicial system in China through analyzing the causes and origins of the current network drug-related phenomenon,studying the technology background and characteristics of its germination and development,and analyzing the defects of the current criminal legal system and the problems in investigation from the point of substantive law and procedural law.