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Research On The Application Of Criminal Law To Cyberterrorism Crimes

Posted on:2024-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2556306914492614Subject:Law
Abstract/Summary:PDF Full Text Request
In the context of global informatization,terrorism has also rapidly entered the era of networking.Compared to traditional terrorism,cyber terrorism presents many new characteristics and poses greater challenges for practical response.The center of the entire article is "Research on the Application of Criminal Law to Cyber Terrorism Crimes",which focuses on how to apply criminal law to cyberterrorism crimes.This is the central proposition.The full text revolves around the main line of "the premise of studying the application of criminal law to cyberterrorism-the current criminal situation,the existing legal application foundation,and finally the dilemma and countermeasures of criminal law application".Faced with the new product of terrorism,the analysis of the judgment can reveal the current development of cyberterrorism in China.In public judgments,these two types of criminal acts mainly occurred in two larger cities,Beijing and Guangzhou.Personal crime is the main focus,and the subjective aspect is generally to pursue stimulation.The current forms of cyberterrorism in China are mainly manifested as propaganda and illegal possession,with propaganda being the main form.At the same time,the main punishment for these two types of crimes is relatively light,and the additional penalty is a fine.In the application of criminal law for cyberterrorism crimes,China adheres to the concept of preventive criminal law and the principle of comprehensive crackdown.Due to the late start and immature development of network technology,there are still drawbacks in China’s criminal law,such as lax legal frameworks.At the same time,as a public enemy of all humanity,cyber terrorism has many mature experiences that the United States,the United Kingdom,and other cyber powers have to learn from in terms of legislation on cyber terrorism and the application of criminal laws.The United States is adept at using surveillance and surveillance methods,emphasizing financial counter-terrorism.The UK has established the crime of encouraging terrorist acts,criminalizing mental support,and promoting preventive counter-terrorism to a greater extent.Russia highlights the humanitarian spirit and demands compensation from terrorist organizations for material and even spiritual damage caused.Due to the many challenges faced by countries in the identification and evidence collection of cyberterrorism crimes,coupled with the transnational nature of cyberterrorism crimes,countries around the world should actively participate in international criminal justice cooperation under the guidance of United Nations counter-terrorism resolutions and treaties.Establish a consensus on the concept and behavior of cyberterrorism through multilateral or bilateral international treaties,and strengthen international cooperation in cross-border forensics,intelligence sharing,and other aspects.All countries should abandon political prejudice with the attitude of a Community of Common Destiny,make clear their positions on extradition and prosecution,and more effectively respond to the threat of cyber terrorism.While actively promoting international cooperation,China can improve its domestic criminal law on cyberterrorism by drawing on the application experience of foreign criminal laws.For example,in the legislation of cyberterrorism,attention should be paid to the procedures for using technical investigation measures,focusing on counter-terrorism legislation in key areas such as finance,establishing specialized charges in the application of cyberterrorism criminal law,and making more detailed provisions in the application of criminal law for various forms of instrumental cyberterrorism crimes.
Keywords/Search Tags:cyber terrorism, application of criminal law, international cooperation
PDF Full Text Request
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