Study On Related Problems About Cybercrime From The View Of The Amendment ? To The Criminal Law Of The People's Republic Of China

With the development of the times,science and technology are growing day after day.Among these emerging technologies,internet has become one of leaders.Since China connected to the world by an internet cable in 1994,internet has already been melted into our daily life,whose rapid advance has gone beyond our expect.However,with its convenient,the public character,anonymity,convenience of information network is also providing a new platform of making crime for criminals.When crime making use of information network is rushing,the space of internet should not be a paradise beyond laws for criminals any more.In that,on the base of current situation that we can only take civil law and executive law to limit part of cyber harmful behaviors,the Amendment IX to the Criminal Law of the People's Republic of China(in the following we call it as the Amendment IX for short)passed on 29th,August 2015 has treated internet as the important battleground to be revised to protect citizen' s information,attack the crime of the network,maintain the safety of internet information and curb false information on network.The Amendment IX,from the foundation of present legislation,newly reflects the trend of rapid development on present new information technology about big data,cloud computing,mobile internet,internet of things and so on.However,while the latest legislation of The Amendment?bring new thought to solve cybercrime,there are still a series of problems to be explained and distinguished,which can push a further perception and execution about the law.The scope of cyber harmful behaviors has been enlarged and these behaviors has caused huge bad influence.At present,studies on this theme is growing as time going,while most of them focus on fields of law of tort,penal law,criminology,administrative law,sociology and so on,but from the view of penal law and criminology,fruits of study is not abundant.What' s more,scholars still hold many different ideas without convinced results about the concept of cybercrime,limitation of cybercrime problems of liberal interpretation and narrow interpretation,principalization of preparatory crime and accessory,measurement of penalty,and whether we should make special standard to punish crime by internet.Writers think that the systemic study about cybercrime is lacked at present,so it is necessary to research law about cybercrime while the Amendment ? has revised so much about this theme.In that,this paper is devoted into concluding the past enactment of criminal law about cybercrime in our country,explaining the meaning of the set of cybercrime and the distinguish about constitution of a crime expecting further conclusion about new arguing points focusing on reviewed parts of the Amendment ?,exploring to conclude various theories,trying to conclude legal views.