Research On Some Problem Of Network Crime

Along with the deep application of computer network in the varioussocial domains, the network crime day by day becomes one of the crimes whichseverely impair the social order, and receives the attention in varioussocial aspects. On the foundation of absorbing the experts' researchachievements, this article tracks the latest tendency of network crime,attempts to carry on the research of some dispute question in the field ofnetwork crime in a new angle of view.The first chapter perceptually elaborates the computer network' simportance to the information society and gives the details of the networkcrime' s development tendency and network crime' s. That is internet crimebecomes the main form the network crime; Popularity and low age of networkcrime; network crime becomes the common form of main crimes; So network crimenow is a social problem which can't be neglected. Network crime's threeoutstanding characteristics is technology dependency; strong invisibility;beyond the time and space.The second chapter analysis the network crime based on an understandingof this chapter from the perspective view of point. Network crime is the actin violation of state regulations, which seriously jeopardize the securityof network information and network' s normal order and should be penalizedby Criminal Law. From this logical starting point, the network crime can bedivided into two types of crimes: crime against the security of network information and network normal order. Characteristics in constitute networkcrime, the main idea is that the object of network crime is various, but nota complicated object: Complex relationship between crime networks' causaland aftermath: should not Lowering the age of criminals who take theresponsibility of network crime: unit should be taken as crime taker or notis depend on different criminal charges; internet crime is a deliberate crimenot a criminal negligence.The third chapter describes the concept and connotation of networkinformation security and types of network crime, analysis two kinds ofnetwork crime, that is illegal invasion computer information system crimeand destruction computer information system crime. Carry on the discussionto this kind of crime's criminal legislation consummation. This chaptermajor point includes: To the illegal invasion computer information systemcrime, should expand the extent of protection by criminal legislation, thediscrimination invasion object consummates the legal punishment level,should not set up the unit crime, should not set up the qualificationspunishment. To destroys the computer information system crime, should expandthe behavior way of this crime, should consummate the legal punishment level,should additionally build the unit crime and with the property punishment,and additionally builds the qualifications punishment to the unit crime. Inaddition, but also has carried on the discussion to other harm networkinformation security crime.The fourth chapter elaborated the concept and connotation of networkorder, the relationship between harming network information security crimeand harming network order crime, manifestation of harming network order,emphatically elaborated two kind of harming network order crime:Infringement network correspondence free crime and violation of virtualproperty of network crime. Next part analysis the stipulation in criminallaw about infringement correspondence free crime, thought needed to revise and the consummation. To violated the virtual property on internet crime,this article elaborated concept and the characteristic of the virtualproperty, and has carried on the discussion about criminal law protectionof virtual property.