Research On The Criminal Law's Regulation Of The “Cyber Underworld”

Nowadays,the network has become an important infrastructure for social operation.The network has the characteristics of instantaneity,extensibility and replicability,which make network crime become an important hazard to social security and stability.Network crime behavior is constantly upgrading and mutating,which need to be responded urgently.Therefore,something need to be done in The Criminal Law.At present,the "Cyber Underworld" is not a special legal term yet.Although scholars in various disciplines and fields have defined the concept of it,there is no authoritative generalization that can convince all parties.Based on the author's personal understanding of the "Cyber Underworld",the author puts forward relevant suggestions for the problems of The Criminal Law in regulating the "Cyber Underworld".The main content of this paper is divided into four parts:In the first part,the author defines the "Cyber Underworld" as the special networked crime organization form,and takes it as a theoretical basis to summarize the basic characteristics of the "Cyber Underworld" in three aspects: the constituent parts of "Cyber Underworld",the organizational connectivity,and the act of constituent parts.In this part,the author compares the "Cyber Underworld" with other similar expressions of the literal concept to clear the nature of the "Cyber Underworld" and the underground society.The author also tries to explain the substantive difference between the "Cyber Underworld" and the underworld organization specifically from forming reasons,organization forms,internal relation,behavioral pattern,social hazards and other aspects.In the second part,the author explores the status quo of the "Cyber Underworld" in The Criminal Law from three aspects.Firstly,explain the different criminal modes of the "Cyber Underworld" and the current status of criminal law regulation of various criminal modes.Secondly,from the perspective of criminal legislation and criminal justice,the author expounds the macro defects of The Criminal Law on the "Cyber Underworld" regulation.Thirdly,the author makes a comprehensive analysis of the insufficiency of the Criminal Law on the "Cyber Underworld" regulation.In the third part,analyzing the four theoretical confusions in the development of criminal technology and the criminal law system in the criminal law community,and comparing the different modes of prevention and control models for cybercrime in this field against the civil law systems represented by South Korea and Germany and the Anglo-American law systems represented by the United States,as well as the implementation of effective measures by other models,the author aims to give a theoretical exploration and practical reference to perfect the criminal law's regulation of the "Cyber Underworld".In the fourth part,based on the reality of the "Cyber Underworld" of China's criminal law system,the author excavates the potential of criminal law system on the basis of the existing criminal law system,and proposes that the improvement of criminal law system of the "Cyber Underworld" not only depends on the criminal legislation to make up and the criminal justice innovation but also adhere to parallel the recommendations of the criminal law system and the technology of prevention and control at the same time.