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The Future Of The Crimininal Law In The Information Society

Posted on:2016-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:J GuoFull Text:PDF
GTID:2296330461468414Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
Since the end of the twentieth century, the human society has entered the process of informationization. With economic development and the progress of science and technology, human crime has developed new features in terms of form, purpose and means. Especially, the rapid development of computer network provides a breeding ground for new forms of crime. As the third fundamental change in the 21 st century, the development of information society, which bases on digital information technology, has not only exacerbated the problems of globalization and social risk, but also led to additional new legal problems. While we are increasingly dependent on new technologies, the degree of negative impact of computers on human civilization and the rate of progress of human society is totally unanticipated. The emergence and diversity of cybercrime, and the fact that it is making increasingly serious damage, have substantial impact on social stability and development. Cybercrime is a transnational phenomenon that occurs in a special way. Because of that, it is a core problem for our own country, as well as for other international counterparts. In a global information society, this problem can be solved only through close international cooperation.The development of cybercrime has led to changes of criminal laws in various countries. In order to deal with this common problem, international cooperation has been launched and initial results achieved. This article aims to discuss the impact of cybercrime on the criminal law under the current circumstance, what ways have been sorted out to deal with it and the future trend, substantive criminal law and criminal procedure law are also discussed.The article is divided into four chapters. The first chapter describes related concepts and features of information and the information society, as background introduction, while emphasizes the analysis of new challenges the criminal law is facing in the information age. Chapters two and three use the comparative research method, from the perspective of online theft, analyzes the current condition and the provisions in both Germany and China, pointing out the inadequate legislations. The fourth chapter summarizes the previous parts, and answers the questions raised in the first chapter. And finally comes to the conclusion of the decisive role of mutual legal assistance and in-depth cooperation around the world in this new era, indicates the necessity of establishing and improving international criminal law and the ways to enact them.
Keywords/Search Tags:Information society, Cybercrime, Online theft, International criminal law, Criminal jurisdiction
PDF Full Text Request
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