Research on Issues of the Criminal Regulation of Network Theft Crimes
|Keywords||Network Theft Crimes Virtual property Criminal law|
The rapid development of network technology brings to the changing property protection of new problems. Through the network,theft, fraud, extortion of property behavior is increasing. Among the most prominent network of theft. The traditional criminal law theory has been insufficient to solve the identified, blamed, punished and so on, to the network theft crimes. And can not effectively guide the practice of criminal law system to punish the network theft crimes.This research direction from the application of law, based on the existing criminal law and legal theory, judicial interpretation of the provisions, procedures exist for the practice of such confusion and physical, to explore solutions to the problem of judicial response. The chapters are as follows:The first chapter, from the "cyber crime" concept to start, strive to accurately define the internet theft crimes. While characteristics and mainly forms of the current network theft crimes were summarized and analyzed, to determine the basic range and direction for this study.Chapter II, through the methods of cases studies, theory comparison research, analysis and appraisal the two main problems, which affect the criminal illegal to identified the network theft crimes. They are: if virtual property can be the object of theft crime and if the network using theft can convicted. The author considers that we shall be made in upholding the premise of the principle of legality, to analyze specific issues.Chapter III, with the mainstream theories and theorists of judicial experience, the author analyzes and demonstrates the prominent procedural and substantive issues in the judicial practice of network theft crimes, the issue of conflicts of jurisdiction, the identification rules of electronic evidence and haw to identify accomplishment of internet theft carimes. And proposes the principles to solve these problems and the existing laws and regulations may refer to the terms. In conclusion, the author proposes when we are facing the changing social problems brought by the technological development, the judiciary should calm and adhere to the basic principles and modesty of criminal law. Thus, the judicial practice will show its glory of reason and humanity.