Computer network is undoubtedly one of the most exciting high technologies in the world today. Its appearance and rapid development, especially the advancement and rapid development of the Internet, have built a fast and convenient virtual world-cyberspace for all mankind. This space also has a dark side, and computer network crime is a typical example.

All kinds of cyber crimes.

With the development of science and technology, computers are becoming more and more people's tools. The development of the network has formed a virtual space that is relatively independent of the real world, and cyber crime was born here. Because of the indirectness of not attending the scene in person, cyber crime takes many forms.

1 Network intrusion, spreading destructive viruses, logic bombs or placing backdoor programs.

The purpose of this computer network crime is to cause the greatest damage. The consequences of invasion are often very serious, from partial paralysis of the system to total paralysis of the computer system, with huge economic losses.

2. Network intrusion, peeping, copying, changing or deleting computer information.

With the development of the network, the user's information base is actually like opening a door to the outside world. Intruders can invade the information system without the victim's knowledge, peep, copy, change or delete computer information, thus damaging the interests of normal users.

3. Internet fraud and abetting crimes

Due to the characteristics of fast network communication, wide spread and anonymity, the laws and regulations on network communication information are far less strict and sound than those of traditional media supervision, which opens the door for the spread of false information and misleading advertising, and also facilitates the use of the network to teach criminal methods, distribute criminal materials and encourage crimes.

4. Crimes of online insult, slander and intimidation

For various purposes, they send and paste a large number of articles with personal attacks or spread various rumors to the bulletin board of e-mail. What's more, they use various image processing software to synthesize portraits, and combine the head of the target person with some yellow pictures to form so-called "photo photos" for distribution. Because of the openness of the network, it is easy to send thousands of emails, and its influence and consequences are by no means comparable to those of traditional means.

5. Internet pornography crimes.

Because the Internet supports the spread of pictures, a large number of pornographic materials are flooding in it. With the improvement of network speed, the development of multimedia technology and the perfection of digital compression technology, pornographic materials are increasingly appearing on the Internet in multimedia ways such as sound and movies.

Second, the characteristics of cyber crime

Compared with traditional crimes, cyber crimes have some unique characteristics:

1 Low cost, fast spread and wide spread. As far as e-mail is concerned, it is much cheaper than traditional mail, especially mail sent abroad. With the development of network, e-mail can be sent to many people in a few seconds with a click of the keyboard. Theoretically, the recipients are people from all over the world.

2 Strong interactivity, strong concealment and difficulty in obtaining evidence. The development of the network has formed a virtual computer space, which not only eliminates national boundaries, but also breaks the boundaries with space, making it possible for two-way and multi-directional communication. All descriptions in this virtual space are just a bunch of cold password data, so whoever has mastered the password is equivalent to gaining control over property and other rights and can log on to the website anywhere.

3 Serious Harmfulness With the continuous development of computer information technology, national defense, electric power, banking and telephone systems have been digitized and networked. Once these departments are invaded and destroyed, the consequences will be unimaginable.

Cybercrime is a typical computer crime.

At present, there are many views on what is computer crime, among which the definition of dualism (that is, criminal acts committed by actors with computers as tools or as targets of attack) is more scientific. Common cyber crimes, such as peeping, copying, changing or deleting computer data and information, spreading destructive viruses, logic bombs or placing backdoor programs, are typical crimes against computers, while cyber pornography, cyber insult, slander and intimidation, cyber fraud and instigation are crimes committed by using the virtual space formed by computer networks as criminal tools and criminal sites.

Third, the composition characteristics of cyber crime.

1 criminal object

All kinds of complex relationships in reality can be reflected in the network. As far as the general object of cyber crime is concerned, it is naturally a socialist relationship protected by criminal law and infringed by cyber crime. However, it should be noted that cyberspace is a virtual space formed by the connection between computers and does not actually exist. Take the Internet as an example, this connection is maintained by two pillars, one is the technical TCP/IP (Transmission Control Protocol/Internet Protocol), and the other is the principle of sharing resources with users. It is these two pillars that make national boundaries and continental boundaries disappear completely and make virtual space emerge as the times require. The physical form of computer network is somewhat similar to that of highway network, so it is called information highway. The author believes that the similar object of cyber crime is the public order in which information exchange can be carried out normally. The direct targets of cyber crimes are various, some behaviors violate the management order of computer systems, some endanger the security protection system of computer systems, and some endanger the life, property and personal safety of the state and the public. It should be noted that cybercrime infringes on complex objects.

2 objective aspects

Violation of computer network management laws and regulations, invasion of computer systems in national affairs, national defense construction, cutting-edge science and technology and other fields, deletion or modification of functions, data and application programs of computer information systems, or destruction of computer system hardware and software equipment, violation of computer system security, use of computers to peep, copy, modify or delete computer information, deception, instigation of crimes, dissemination of online pornographic information, and criminal network insults, slanders, intimidation and other criminal acts. The behavior of cyber crime can only be as. This is because the material basis of cyber crime lies in the computer system composed of hardware and corresponding software, and various program functions of the computer system need people to input instructions by directly or indirectly operating input devices. The behavior of the people behind this cyber crime can only be positive, and the expressions in the legislation of various countries can be intrusion, deletion, addition or interference, production and so on. Cybercrime is transnational. Criminals can use the network to enter the network from any node in the world, invade the computer system of any other node in the network and commit crimes. China people can also travel abroad for a long time, and then enter the country in other capacities from abroad. 3 subject of crime

The author thinks that the subject of cyber crime is a general subject, which can be either a natural person or a legal person. From the specific performance of cyber crime, the subject of crime is diverse, and people of all ages and occupations can commit cyber crime, resulting in little difference in harm. Generally speaking, the subject of cyber crime is an actor with a certain level of computer professional knowledge, but people with computer professional knowledge cannot be considered as special subjects. According to the prevailing view of criminal law in China, the so-called special identity of the subject refers to the personal qualification, identity or state of the actor who affects the criminal responsibility of the actor as stipulated in the criminal law. Usually, people who have a specific position, engage in a specific business, have a specific legal status and have a specific personal relationship are regarded as special subjects. In China, although engineers are awarded titles and various computer grade examination certificates to people with computer professional knowledge, judging from the cases of cyber crimes, quite a few people have excellent skills but no certificates or titles. At the same time, it should be noted that in today's computer is the network, the requirements for people with computer expertise will become higher and higher, but cyber crimes will become more and more common, so the standard of using computer expertise is not accurate. In addition, the development of the network has brought new vitality to the development of e-commerce for enterprises. In order to compete for new market space, it should not be surprising that corporate cybercrime is the main body.

4 Subjective aspects of crime

Cybercrime is subjective and intentional. Because in this kind of crime, before entering the system, criminals need to input instructions through input and output devices or break through the security barrier of the system through technical means, and use computer information networks to carry out harmful behaviors and undermine the network management order. This shows that the criminal subject has obvious criminal intention, and this intention is often direct. Even if it is a crime that invades the system in order to show his ability, the actor has obvious thoughts such as "must invade" and shows strong subjective intention.

Fourth, the provisions and perfection of China's criminal law.

For computer network crimes, according to the principle of legally prescribed punishment for a specified crime, the crimes of illegally invading computer systems and destroying computer information systems stipulated in Articles 285 and 286 of the current criminal law of our country should be applied to investigate their criminal responsibility. It is not difficult to see from the law that these provisions focus on the protection of computer information systems, and the author believes that the provisions of China's criminal law have been further improved.

1 At present, the crimes of network intrusion, peeping, copying, changing or deleting computer data information, spreading destructive viruses, logic bombs or placing backdoor programs are convicted and sentenced according to the provisions of Articles 285 and 286 of the current Criminal Law, but the sentence is relatively light. For example, the maximum legal penalty for the crime of invading computer information system is 3 years, which is seriously harmful to this kind from the principle of suiting crime to punishment. At the same time, in view of the direct relationship between cyber crime and computer operation, it is suggested that property punishment and qualification punishment should be widely applied. For example, confiscation of computer equipment and all related items and equipment used in crime; Criminals are prohibited from engaging in occupations directly related to computer systems.

Cybercrime has the characteristics of transnational, but it is difficult for China's criminal law to take effect on computer cybercrime abroad. It is suggested to strengthen international judicial coordination, sign bilateral extradition treaties with as many countries as possible, and strengthen international cooperation.

The author agrees that online pornography, online insult, libel and intimidation, online fraud, instigation and other crimes are all traditional crimes in essence. However, in view of the rapid spread, wide spread and serious harm of cyber crime, it is suggested that the statutory punishment can be given heavier punishment than ordinary insult, slander, fraud and abettor.

In cyber crimes, especially hackers, the proportion of teenagers is relatively large. Although they generally have no commercial motive or political purpose of adult cyber crime, the harm caused by invading state affairs, national defense construction and cutting-edge technology computer systems is equally serious. It is suggested that the age of subject responsibility for such juvenile crimes can be appropriately reduced.

On computer crime in the network age

The huge difference between computer crimes, especially cyber crimes and traditional crimes, has had a great impact on the current criminal code, criminal procedure law and criminal judicial assistance norms, and also caused the conflict between the traditional criminal law theory and the actual crime situation, resulting in a slight lag in legislation and theory and out of step with the times. To punish and prevent increasingly rampant computer crimes, it is urgent to comprehensively reflect on domestic legislation, international criminal law and criminal judicial assistance, theoretical innovation of criminal law and criminal justice.

Keywords: 1. Computer 2. Network 3. punish

2 1 century will be an information age with computer network as the core. Digitalization, networking and informatization are the characteristics of 2 1 century, and computers are playing an increasingly important role in people's work, study and life. With the rapid development of information technology with "computer network" as the core, the network is improving the work efficiency and quality of state organs; While bringing huge economic benefits and unlimited business opportunities to enterprises, it also produces a new criminal term-computer crime. As a developing country, China lags behind in the prevention and punishment of this kind of high-tech crime, and is basically in a state of having laws to follow or no laws to follow in computer network management and computer crime. Facing the characteristics of computer crime, such as difficulty in finding, arresting, obtaining evidence and characterizing, it is an urgent and long-term problem for the judicial department to deal with computer crime cases. China's criminal law lists "the crime of destroying computer information system" and "the crime of illegally invading computer information system" as the crime of disrupting social management order, which shows China's firm attitude in cracking down on computer crimes. As a computer enthusiast, I am well aware of the serious consequences of computer crime. Here, I would like to talk about my own shallow understanding of the harm of such crimes, the source of criminal objects and the omissions of criminal law in order to achieve the purpose of attracting jade.

With the growth of national economy and the rapid development of computer technology, the Internet has become an important guarantee for social development. Information network involves government, military, culture, education and other industries. Among them, a lot of information stored, transmitted and processed is important information such as government macro-control decision-making, commercial and economic information, bank fund transfer, stocks and securities, energy resources data, scientific research data and so on. Many of them are sensitive information, even state secrets. The harm brought by computer crime is mainly reflected in two aspects: first, documents and materials such as state secrets and business secrets are compromised; The second is to maliciously destroy the computer system. China's network industry is developing rapidly. According to incomplete statistics, there are 6.7 million networked computers in China, and the number of networked users has reached16.9 million. The annual growth rate of Internet users in China exceeds 100%. The total number of netizens has exceeded150,000. E-commerce such as online banking and online shopping has developed rapidly. There is an unprecedented upsurge in the application of Internet technology by the government and enterprises. With the rise of the Internet, computer crimes have also risen sharply, and computer crimes have become a common international problem. According to the report of the Federal Bureau of Investigation, computer crime is one of the largest types of commercial crimes, with an average amount of $45,000 per crime and an annual economic loss of $5 billion. Computer crimes are mostly instantaneous, wide-ranging, professional and time-space separation. Usually, it is difficult for computer criminals to leave criminal evidence, which greatly stimulates the occurrence of computer high-tech crimes. With the sharp rise of computer crime rate, computer systems in various countries, especially network systems, are facing great threats and become one of the serious social problems. A joint investigation by the American Computer Security Association and the Federal Bureau of Investigation shows that only 53% of enterprises in this country have been infringed by computer viruses, and 42% of enterprises' computer systems have been illegally used in the past 12 months. A Pentagon research team said that the United States suffered as many as 250,000 attacks a year. For example, Russian hacker Vladimir Levin and his associates launched a series of attacks on Citibank in the United States from the networked computers of a small software company in St. Petersburg, and stole 1 1 ten thousand dollars from Citibank's computer mainframe in new york by electronic transfer. With the rise of computer network, "computer virus" is more terrible, and the economic loss caused by the outbreak of computer virus every year is immeasurable.

First, the significance of computer crime analysis

Hacker originally refers to a computer geek who is very familiar with computer programming technology and is keen on writing new programs in the field of computer programming, but now it has gradually evolved into a person who "invades" the computer programming system without permission, or is synonymous with maliciously destroying the computer programming system and writing computer viruses. Computer hacker is the main source of computer crime. The behavior of hackers entering computer systems can generally be divided into the following categories: first, "hackers illegally invade" and destroy computer information systems; Second, making, copying, disseminating and consulting harmful information on the Internet, such as spreading computer viruses and pornographic pictures; The third is to use computers to commit financial fraud, theft, corruption and misappropriation of public funds; Fourth, illegal use of computer resources, such as stealing accounts, stealing state secrets or business secrets; The fifth is to use the internet to commit crimes such as intimidation and extortion. With the increasing novelty and concealment of computer crimes, there will be many other forms of crimes in the future. Judging from the computer crime cases cracked in China at present, the suspects are generally young students who are proficient in computers. (2) To investigate the criminal motive, I think there are two aspects: First, the perpetrator is not out of malice, but for fun or to show his computer technical expertise, and regards invading other people's computer systems as a challenge to his own ability. After invading the system, he quit without destructive action, which can be called a non-malicious intruder. Second, the perpetrator deliberately violated state regulations and invaded the computer system for the purpose of stealing business intelligence, data or state secrets; Or make and spread destructive programs such as computer viruses to show their capabilities, leading to system paralysis. Such hackers can be called malicious intruders.

Second, the defects of computer crime in China's criminal law

The crime of illegally invading the computer information system stipulated in Article 285 of the Criminal Law refers to the act of invading the computer information system in the fields of state affairs, national defense construction and cutting-edge science and technology in violation of state regulations. The object of this crime is the security of the important national computer information system, and the object of the crime is the computer information system in the fields of national affairs, national defense construction and cutting-edge science and technology. Objectively speaking, it is an act of invading the above three types of computer information systems in violation of state regulations. The subjective aspect can only be intentional, that is, knowing that it is invading this system. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The crime of destroying the computer information system as stipulated in Article 286 of the Criminal Law refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of state regulations, so that the computer information system cannot operate normally, or deleting, modifying or adding data and applications stored, processed or transmitted in the computer information system, or deliberately making and spreading destructive programs such as computer viruses, which affects the normal operation of the computer system and causes serious consequences. The object of this crime is the national management system of computer information system. Objectively speaking, the behavior is that the actor violates the state regulations and destroys the computer information system, with serious consequences. Subjective aspects can only be intentional. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

In modern life, computers have become a very important tool in people's information exchange and daily work. Ensuring the normal operation of computer information system is of great significance for stabilizing normal social order and developing social economy. China has raised the punishment of computer crime to the penalty level. Judging from the above two charges, the punishment is not too heavy, but it also shows the intensity and determination of punishment for computer crimes in China. However, due to the lag of law making, the punishment for such crimes in judicial practice has certain one-sidedness and limitations.

1, the two crimes cannot cover all acts of computer crime. For example, in the sensational Shanghai hotline case, Yang was arrested by the public security organs for breaking into eight servers of the "Shanghai hotline" and deciphering the accounts and passwords of most staff members and more than 500 legal users, including the super-user accounts and passwords of two servers, and illegally stealing the "hotline" for more than 2,000 hours. Later, the public security organs changed the compulsory measures from arrest to bail pending trial. This case is a typical "three unlike" case, on the grounds that (1) Yang does not constitute the crime of illegally invading the computing information system. According to the provisions of the Criminal Law, Yang infringed on the information system of Internet service providers, not in the fields of state affairs, national defense construction and cutting-edge science and technology, and his criminal object was different from the criminal object referred to in this crime, so it did not constitute this crime. (2) Yang does not constitute the crime of destroying computer information system. According to the provisions of this crime, although the actor has the ability to delete, modify and cause network paralysis, he has not implemented the act. Even if he commits this kind of behavior, he must reach the "serious consequences" stipulated in the criminal law before he can be investigated for his responsibility for this crime. (3) Yang does not constitute theft. According to the provisions of Article 287 of the Criminal Law, legally speaking, Yang's behavior is essentially the same as stealing long-distance calls and mobile phone numbers. However, in judicial practice, it is generally believed that the object of this illegal act is communication users, not communication service providers (ISP). The calculation of the amount of theft in Article 265 of the Criminal Law only involves telephones and mobile phones, not computer networks. If the interpretation is expanded, there is no clear legal provision or judicial interpretation.

2. There is no accurate definition standard for the term "serious consequences". For example, what is the accurate definition standard of the word "serious consequences" in the crime of destroying computer information systems? What kind of consequences are serious? Another example is the first case of hacking into the securities network. Zhang illegally invaded the computer system of a securities company, helped friends to engage in insider information of stock trading, and copied detailed information such as customer account number and fund balance. After Zhang was arrested, the judicial department found that Zhang was "not guilty" after review. As far as this case is concerned, it is similar to the above-mentioned cases, so does Zhang constitute the crime of stealing trade secrets? The focus of the debate is that according to the criminal law, it is necessary to cause heavy losses to constitute the crime of stealing trade secrets, how to define the meaning of "serious consequences" and whether the serious consequences are based on actual property losses. I agree with the determination of "innocence" by the judiciary. The reason is that Zhang has committed the crime of stealing trade secrets by computer, but it does not constitute the crime of stealing trade secrets. In the criminal law, there is no provision to convict Zhang. Whether our good purpose is to protect knowledge economy, law is law, and law depends on the result of behavior. In Zhang's case, no one suffered economic losses. According to Article 2 19 of the Criminal Law, a crime is committed only if it causes great losses to the trade secret holder. In the current legal interpretation of our country, loss refers to economic loss. Now there is no economic loss, how to convict?

Third, legislative thinking.

In the process of cracking down on computer crimes according to law, we should pay attention to strengthening legislative construction. At present, the penalties for cyber crimes are scattered in the Criminal Law, the Civil Law, the Regulations on the Security Protection of Computer Information Systems in People's Republic of China (PRC) and the Decision on Maintaining Internet Security, which are not systematic, centralized and difficult to operate. In order to better crack down on computer illegal and criminal activities and protect network security, we should continue to learn from the practices of developed countries and formulate a special law to provide the necessary legal guarantee for managing computer network illegal and criminal activities according to law by enhancing its pertinence, systematicness and operability. As the link of global information exchange, the Internet has increasingly become an important social public facility. Many information databases are connected with the Internet, most of which involve national interests and citizens' property safety. Therefore, computer crime should be severely punished, thus increasing the cost of criminal behavior.

Due to the imperfection of laws and regulations, it is difficult to implement the computer crime provisions set in the current criminal code to some extent. For example, the crime of illegally invading computer information system and the crime of destroying computer information system stipulated in Articles 285 and 286 of the Criminal Law are all based on the premise that the acts to be carried out must be "in violation of state regulations". As we all know, the current national computer information system regulations are the above-mentioned administrative regulations, and the computer information system safety regulations are mainly the Regulations on the Safety Protection of Computer Information Systems in People's Republic of China (PRC). However, the provisions of this provision are not perfect, which leads to embarrassment in the practical application of criminal law. The second paragraph of Article 5 of the Regulations stipulates: "The measures for the safety protection of microcomputers that are not connected to the Internet shall be formulated separately." Some scholars believe that when this provision was made at that time, it may be because the source and use of a single microcomputer that is not connected to the internet are complicated and need some special safety protection measures, so it was not stipulated in time, and it is planned to be stipulated when the time is ripe, but it has not been stipulated so far. The problem caused by this is that the above provisions should not be applied to the management provisions because the safety protection measures for a single microcomputer that is not connected to the internet are formulated separately; However, the above provisions cannot be applied, and there are no other applicable administrative laws or norms at present. Then, in the absence of applicable state regulations, if the perpetrator commits the above two types of criminal acts on a single microcomputer, it is difficult to say that his criminal acts "violate the state regulations." Since there is no "violation of state regulations", he can't meet the requirements of the criminal law and constitutes a crime, so he can't be investigated for criminal responsibility.

Four, computer crime prevention countermeasures

1. speed up the equipment and construction of the "network police" team.

With the popularity and penetration of the Internet, the emergence of "network police" has become inevitable. At present, the Ministry of Public Security has set up a network police force. One of the goals of this new police force is to conduct online search to prevent and track the ghosts of all kinds of bad behaviors and criminal activities, which can be committed in a few seconds and leave almost no trace. Therefore, it is required that "network police" must have profound computer knowledge and professional skills, be able to keep up with the development of new technologies and master various computer skills skillfully. Because it is sometimes difficult to accurately classify crimes on the Internet on national boundaries, the response speed and mutual cooperation of the police are the most critical in the fight against computerized crimes. For example, Spain's national cyber police, a new force, maintains close ties with other similar forces in Europe, especially the Federal Bureau of Investigation in the United States. The National Police also maintains close contact with other police organizations that investigate information crimes, such as France, Germany, Britain, Japan, Canada and the United States. At present, such cross-border suspected cyber crimes are also on the rise in China. For example, not long ago, Internet advertising companies in spedia.com and the United States were suspected of defrauding users in China. China's cyber police should have gone abroad a long time ago and established close ties with official anti-crime network organizations around the world to jointly fight computer crimes.

2. Strengthen the safety awareness education of computer users.

Protecting network security is related to the vital interests of the majority of netizens. It is not enough to form an effective socialized mechanism to protect network security only by relying on the crackdown and prevention of network police in public security departments. Only by educating the vast number of netizens, raising their awareness of abiding by the law, enhancing their consciousness of never breaking the law on the Internet, enabling netizens to master various technologies to prevent computer crimes and improve their ability to protect network security, can the problem of computer crimes be fundamentally solved. In recent years, among more and more netizens in China, some people intentionally or unintentionally violated network security because they failed to pay attention to online activities according to law. Therefore, it is necessary to educate netizens, especially first-time surfers, to avoid improper use of the Internet and straying into the French Open. For example, some "hackers" are only high school students. They go online to do evil out of showing off and don't even understand that they are doing illegal things. Therefore, while strengthening the popularization of computers, we should strengthen the legal education of computer learning and use, and carry out self-prevention propaganda and necessary technical training for the majority of netizens. In the training, we should pay attention to increasing the proportion of computer crime prevention technology, and according to the new trend of crime, we should constantly promote a series of network security technologies among netizens and establish a network security guarantee mechanism.

3. Improve network technology, develop new network products, and enhance the self-protection ability of the system.

Because computer crime is a crime with high knowledge and high quotient, just like the contradiction between encryption and anti-encryption, we will not implement it unless we constantly update our technology, develop new products, increase the self-protection ability of the network, plug security loopholes, provide secure communication services, and strengthen the research and improvement of key security technologies such as encryption router technology, security kernel technology, data encryption technology, network address translator technology, ID card authentication technology, agency service technology, firewall and network anti-virus technology.

To sum up, it can be seen that computer crime has become a new research topic of crime in 2 1 century. Only by better preventing and cracking down on computer network crimes can people's lives be more stable and the national economy take off rapidly.

refer to

(America) August? Bikkul: Computer crime,