Study On Some Issues Of Joint Crime In The Cyber Spaces

The rapid development of information technology, deep into the network at all levels of human society. Internet has brought convenience for people with benefits, but also formed a tremendous impact on people's ideology and the traditional legal system and. Cyber crime is a more intelligent type of crime which is accompanied by the proliferation of computers, information technology. Theoretical Study of joint crime has long been considered the most difficult part of the theory of Criminal law theory. When a joint crime places in cyberspace, or cyber crime to be reflected in the form of common crime, it aroused the concern of Criminal Theories. In this paper, we started with the basic theory of joint crime and cyber crime, and try to analysis the features of the common crime in the cyberspaces, then research into some difficulty problems about network joint crime.Analysis of the United States, Britain, Germany, France, Japan and other countries in the relevant provisions of the Criminal Code, a similar conclusion can be drawn, these countries are basically related to the criminal law does not specifically set up for the cyber crime provisions of the common criminal. We hold the same views with these countries. When the network common crime of "gathering-type" occurs, however, the relevant provisions of national criminal law will face a bottleneck. We need to face the problems and concerns the problem about how to combat and contain such crimes.This article is composed of three parts which contain the introduction, body and conclusion.Introduction introduced the development status of China's information network, and network research background of common crime, which raises the question below, the research about the joint crime in the cyber spaces.The body part is divided into five chapters. It expounded the basic theory of joint crime and cyber crime; analyzed the characteristics of joint crime in cyber spaces; and identified the identity of network joint crime. Finally, it discussed the co-exist difficulty problems of network joint crime, such as the identification of network gathering-type joint crime and the network abetting acts of self-injury and suicide issues of conviction.The first chapter outlines the basic theory of joint criminal. Network joint crime is a special type of common crime. It has all the elements of common crime. Therefore, it is necessary to understand the basic theory of common crime. This chapter analyzed the establishment conditions of a common crime, and also outlined a number of theoretical issues about cyber crime. Cyber crime is the development of computer technology to the advanced stage, and the network of common crime this article discussed, is a common form of cyber crime. Through the network characteristics and classification of crime pattern analysis, we leaded to the crimes of the network to explore further.The second chapter focused on the concept and the basic structure of network joint crime. This article proposed a common definition of the network common crime. It is two or more persons intentionally to commit a crime that attacked on computer networks and data security. This section also gave a brief statement on the types of network common crime. Finally, this chapter introduced the international criminal law system about network joint crime, put forward a common crime should be developed for network-related criminal law proposal.The third chapter analyzed the features of network joint crime. It gave the necessity to study on the issues about network joint crime. First of all, the subject of network joint criminal had specificity, it had unidentified status, younger age structure and high intelligent; Secondly, the network common criminal purpose is fuzzy and contingency, in cyberspace, often encounter between the behavior is random, the contents of their communication also showed a brief and rapid characteristics of the common criminal purpose contact point to reach a considerable chance; Third, the network joint crime has a complexity conduct, concealment, and integrity; Finally, the behavior pattern of network joint crime has polymerization. The differences between the traditional common crime and general cyber crime with network joint crime brought the necessity of researching on network joint crime.Chapter IV analyzed the identification of network joint crime subject. According to the general division of the traditional common crime, the generalized accomplice can be divided into joint principal offender, abettor and instigator. Therefore, the network joint crime can also be divided into network joint principal offender, network abettor and network instigator. We analyzed them through two perspectives, one is criminal intent and anther is criminal behavior. Our Criminal Law practice often used to refer to the concept of committed principal offender, the network joint principal offender in this article means network perpetrator.Chapter V analyzed the difficult issues about network joint crime. First, it involved the identification of the nature of gathering-type cyber crime. Network gathering type of crime is one person or several people who created conditions for the initiative, the others joined voluntarily and freely in the criminal process for collective cooperation in the form of crime. Tens of thousands of its members may, therefore, how to identify acts of crime or the boundaries of the network gathering is particularly important. In addition, the establishment of a common crime, gathering type of crime the conviction and sentencing, our criminal legislation should be made to adjust and perfect the relevant.In the conclusion part of the paper, the author gave summary of the article and pointed out the existing deficiencies in the paper.