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Some Question About Network Crime Research

Posted on:2007-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:L M GongFull Text:PDF
GTID:2166360242463891Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since 1990s, the computer and web-cored information technology is growing rapidly and has been used widely in differrent social areas affecting our society deeply.. It changes people's styles of production and life, shortens the distance between family and society, and goes beyond the bounds between countries. It provides so important functions in economic development, nationaity safety, education and modern management, that we can say we are now stepping into a network time. However, the cumputer information web, known as a "double-edged sword", has meanwhile created opportunities for a new kind of crime mode - network crime, which is developing rapidly in not so long a period to threaten the safety of web. Network crime has became a social problem gradully acting more and more frequecntly by producing and spreading virus, chousing, gaming, prurient doing and endangering national safety, etc., all of which are endangering our society hardly. There is no time to delay for studying this kind of crime mode.This article, basing on the principle of network crime, analyzes the charaters ofnetwork crimes and the constitution of crime before concluding that network crimebelongs to the category of crimecriminology; it is not a exact crime name, but a generaltitle for crimes falling into a same category. Network crimes feature intellectuality, highconcealment, internationalization, high endanger, etc. Joint crimes flood over thenetwork due to the net's characters of interactivity, universality and the secret andcomplex identifications of netizens. Considerable harmful informations cover thenetwork, and web-abetting and web-assist were given new characters compared withthose found in history. From all these foundings, these articles analyzes the commoncharacter of network joint crime, and conclude that network joint crime is a kind ofjoint crime action which is conducted over the network aiming at network system andnetworkd data. Compared with traditional joint crimes, network common actions arerandom to a large extent; this article also discusses web abeter, web assistor, webcontactor, and pointed out that "solicitation joint crimes" called on over the network by web contactor can not be simply considered as a representation of crime consciousness , on the contrary, strict management and serious punishment shall be put onto such actions.Parallel to the advange of network by shortening the distances between people and people, people and society, people and nation, new disadvantage come as well to judicatory domination. When it comes to the judicatory domination which defends nation sovereignty, how can we decide the jurisdiction affiliationassociated with various complex cirmes over network? For this question, answer from the writer is that jurisdiction affiliation for network crimes can be decided principally by the place of crime or the place of serious crime result.
Keywords/Search Tags:network crime, network joint crime, network instigator, criminal jurisdiction
PDF Full Text Request
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