Computer Crime And Perfecting Legislation

With the rapid development of computer skills, the application of computers in the real society increases dramatically. Accordingly, the type and scope of computer crime increase and develop as well.The first part is about the concept of computer crime and its components. Computer crime is related to computer skills closely. As time goes on, computer crime refreshes its definition repeatedly. Combining the concerned regulation of criminal laws with the real situation in computer crime in China, the author raises the concept of computer crime, which refers to all kinds of crime carried out by using computer skills, and analyzes its main components briefly.The second part discusses the legislation of computer crime in our country and makes a comparative analysis. As an adjustment means, criminal laws' birth always lags behind. So is the situation of computer crime. Computer crimes are greatly different from traditional crimes. They form a great shock to the present penal code and also cause a conflict between the traditional criminal law theories and the practical crime at the same time. The author analyzes the pities of our country's legislation of computer crimes and the shock to the traditional criminal law theories by comparing the present situations of legislation and justice in many countries and combining the trends of computer crime legislation.The third part talks about the innovation of computer crime theories and the perfection of legislation. As the computer crimes are becoming rampant, traditional criminal law theories are in an embarrassing position at present. Many basic criminal law theories set before become out of date now. Through expanding the time and space scope of computer crime jurisdiction, and fundamental regulations in the penal code, the author analyzes how to perfect the articles about computer crimes in the present penal code and suggests the formulation of a special anti-computer crime law.