Research On The Development Of Adjustment Legal Systems Of The Network Crimes:in The View Of The Comparison Of Both Countries

In Jan.16th2012, the China Internet Network Information Center announces the29th Statistics Report on the Development of China Network (" Report").The Report suggests that up to the end of December2011, the scale of Chinese internet users have already broken through500million, to513million,55.8million for the internet users in the whole year. Internet penetration in China is4%increase in2010, to38.3%. There is higher percentage of internet users in South Korea, after a commercial internet service since1994, South Korea has been showed a trend of steady growth in the number of internet users. According to incomplete statistics, as early as the end of2003, ranging in age from45million of the south Korean people over the age of6, people use up to68%of the internet, and internet users dramatically reached30.67million, behind the United States, China, Japan, India, more than30million internet users. South Korea becomes the fifth of the country.Apparently, no matter China or South Korea, both of them are formally stepping into the era of internet. However, concomitant with this growth, the illegal behaviors using network are increasing day after day in both countries. Therefore, for the benefits of two countries, it is a serious matter for scholars of two countries to cooperate in research, learn mutually and absorb each other’s experiences, having valuable guidance to prevent or control those people on the internet from committing crime effectively.In chapter one, the author is to describe definition evolutions about network crime in China, South Korea and other countries, meanwhile, to compare different definitions about network crime between China and South Korea. Then the paper is analyzing and comparing progress of study about network crime in China and South Korea, pointing out different scholars’views about network crime in China and South Korea. Finally, the author is studying basic types of network crime from scholars between China and South Korea and comparing this research result of network crime classification in both countries.In chapter two, the paper is to analyze "internet porn messages", which are one of most frequent messages appearing on the internet. First, the author is studying how to define an internet porn message and state its features. Then it is described that the internet porn message and its injury are viewed in China, and to analyze main barriers to regulate internet porn messages at present in China and evolution of Chinese law system about regulation or control measures about porn messages on the internet. Further, what’s a basic situation about porn messages on the internet in South Korea and its evolution of law regulations are studied, pointing out main barriers to regulate porn messages in South Korea nowadays, especially to emphasize legislation about porn objects regulated on the internet in South Korea. Finally the author is to compare exploratory result and prevention measures about internet porn messages in China and South Korea.In chapter three, the author is systematically describing control historical evolution about network crime of "threat internet environment and computer data and system security information", which is appearing less than porn messages on the internet. First, the paper defines the computer virus and states its characters, such as the parasitic, concealment, infectious and latent. Then the author is to study hacking action and its features. Next, the danger of threatening internet circumstance and computer data and system security information is analyzed, especially regulation dilemma is studied. Meanwhile, the paper is to point out how to deal with injury network environment and the evolution of computer data and system security information in South Korea, and response system and the current computer virus and hackers analyzed, especially the problems existing in the system. At last, the paper is to analyze the threat of prevention and control of computer data and system security and network environment information research and practice in China and South Korea, pointing out their achievements and deficiency.In chapter four, the author is to analyze these measures to adjust the network freedom of speech and its evolution of legal system. First, the paper states development and change of the content of free speech laws in China and its realistic limit, putting forward applicable suggestions to perfect. Second, the author is to studyfree speech on the internet and its limit in South Korea, drawing lessons to restrict the freedom of the network from America and getting its implications. In Section four of this chapter, the paper is to describe how to strengthen internet controls and its process from control internet to constant improvement by law, to explore industry self-discipline, to increasingly strengthen social supervision, and to actively explore real-name registration system. In section five, the paper points out exploration to strengthen internet control in South Korea. Finally, it is to compare several network controls about legal content in China and South Korea.In chapter five, the paper is to study the evolution of the regulation network between two countries, mainly about criminal law legislation, present situation and existing problems. First, to describe legislation history of internet crime in China, as well as the current illegal behaviors maybe formed in crime, and its existing problems. And then, the paper is to analyze theoretically Korean regulations of network by criminal law and its evolution, and the existing matters. Finally, the author states that, in China and South Korea, investigating internet crime shall be a challenge to criminal procedural law.In chapter six, the author is to describe the evolution of the main network service providers and their responsibility. First, to analyze the main types of network service providers tort, and the development of legal basis about tort liability for network service providers. And then to study the adjustment and development of responsibility legislation to network service providers in China and the existing problems, especially main legislation about network service providers’ responsibility. Third, some pertinent suggestions are put forward, to remedy current network service providers in tort legislation, because there are problems in the Tort Law, mainly including "tortee" of the guarantee obligations and perfection of the Information Network Transmission Right Protection Ordinance. At last, the paper is to discuss the issue of whether internet service providers may bear criminal responsibility and responsibility of Korean internet service providers (ISP).