The Case That Stealing And Selling QQ Number Infringe Freedom Of Communication

The development of the Internet brings convenience for people, it creates anothervirtual world is closely related to our reality and we also look forward for a healthyand orderly environment in the Internet, just as reality. Where there has people, therehas dispute and disruptive behavior, and it is inevitable even in the virtual Internet.When this behavior seriously undermines public order, we need the intervention of thecriminal law, as a tool for combat cybercrime and the protection of the rights ofInternet users.But in nowadays, criminal laws used for network crime have exposed manyquestions.But in nowadays, the process of applying criminal law related to cybercrimehas exposed some problems. We know as the legal norms of considering the futuredevelopment even in the legislation, because the level of awareness of legislators islimited, so the law will inevitably lag in the development of social, and the fasterdevelopment is,the more obvious this kind of situation is. The main reason for this iswhy in the Network Information Age there is so much controversy in the process ofapplying criminal law. And, of course, one reason is that legal language itself has acertain ambiguity, even for some kind of phenomenon has been have considered bylegislators, but it didn’t cause much attention in the theoretical circle, so once the case,the controversy will naturally appear. Therefore, this case must cause us concern.By the means of the author’s observation, author finds that Internet theft andviolation of Internet privacy are the most serious among all the behaviors ofdestroying the Internet order. Therefore, this article selects the case of “Mr. Zen theftQQ number”, mainly researching the object of crimes of the larceny and the crime ofviolation of freedom of communication, in order to analysis crime qualitativeproblems of these two universality behavior which is undermine Internet order.This article is divided into seven parts:The first and second chapters introduce some of the basic circumstances of thecase. The third chapter introduces the focus of controversy between the theoreticalcircle and judicial practice in this case. There are two main focus of controversy inthis case whether Mr. Zen’s behavior constitutes larceny and the correspondencefreedom encroachment crime. Two main problems mainly comprise whether QQaccount belongs to the larceny crime object and whether QQ information belongs tothe object of the crime of correspondence freedom encroachment crime. There areother differences, for example, the price of QQ account, how to identify theseriousness of the crime of violation of freedom of communication and so onThe fourth chapter analyzes the case of the first focus of controversy whether Mr.Zen’s behavior constitutes larceny. This chapter is mainly through the analysis of theconstituent elements of larceny and judging whether Mr. Zen’s behavior meet theconstitutive elements of larceny. During the process, what is discussed crucially is theconnotation and characteristics of the object of larceny and the price of QQ account.The fifth chapter analyzes the case of the second focus of controversy whetherMr. Zen’s behavior constitutes crime of violation of freedom of communication. Thischapter is mainly through the analysis of the constituent elements of crime ofviolation of freedom of communication and judging whether Mr. Zen’s behavior meetthe constitutive elements of crime of violation of freedom of communication. Duringthe process, what is discussed crucially is the connotation and characteristics of theobject of crime of violation of freedom of communication and how to identify theseriousness of the crime of violation of freedom of communication.The sixth chapter draws the conclusions of the case by the legal analysis of thebasis of the fourth chapter and the fifth chapter, Mr. Zen’s behavior constitutes larceny,but it doesn’t constitutes crime of violation of freedom of communication.The seventh chapter is the thought the case caused and legislative proposals.According to the analysis of the case, the author sums up some problems the caseexposed and makes recommendations to the deficiencies of the existing law...