Times of cyber crime and network security proposition
November 08, 2014 at 10:36 Source: "Humanities Lingnan" October 31, 2014 Issue 44th Author: Guo Zhilong Rongyu Xiang

In the era of high -speed development of information technology,The Internet has become people's obtaining information、Emerging media of interactive communication,So,Cyber ​​crimes and cyber security have become an important content of law research。

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Internet crime has gone through the network as a criminal object to the network as a criminal tool,Then go to the Internet as the intergenerational evolution of criminal space,These three types of current form constitute the current network crime structure。(see Figure 1)

The network as a criminal object is reflected in the protection of computer systems and data for criminal law,and the network as a criminal tool reflects the provisions of the use of computers to implement criminal crimes。The Internet is a problem with the information order that is gradually concerned about judicial interpretation as a criminal space、Network platform Questions。The formal evolution of network security issues accompanied by the network in the crime。Network security entity content is divided bet365 live casino games into system security、Information Security、Application Security、Use safety、Content security。Five contents on network security entities have fully infiltrated public security; network space is the latest "national region",Overall reflecting a country's control of the network domain,When the "Fifth Space" of the Internet space is embedded in the "Sea、Lu、empty、Sky ",Network security entity content is increasingly transformed into the elements of the national security system (not limited to information security),The two present a flat interwing state in the section。(see Figure 2)

  Legal use in the era of network space

The legal rules of the era of network space must be expanded and applicable。If the subjective psychology in the network space is special,It is difficult to determine that it is a common judicial problem,But still try to find out。First, it is determined that the perpetrator has at least negligent in accordance with the information technology system,Second, it is based on other sidelines that the actor's intentional crime or "knowing",Improve the fairness and effectiveness of judicial interpretation in the implementation of the principle of crime and responsibility。The applicable impact of network space factors in the case in the criminal law system bet365 best casino games is comprehensive and specific,Not only in form、In essence, it needs comprehensive response,In specific cases, you also need to consider various elements and principles,At the same time, the offender is prohibited from entering a specific network platform、For specific network contact、Entering specific network services。Criminal Law forbidden to order logic and experience rules applicable to network space can be promoted to administrative law,Such as a system of illegal actors on Weibo。

■ Without network security, there is no national security。Picture Source: CFP

Laws of the era of network space shall be explained in the era of cyber crime based on the evolution of network crimes,The field and field of vision that dare to expand the explanation。A live and working platform for network space,Questions on how to identify legal provisions。For this,shall recognize the "venue (field、occasion)、Geosterity "and other" fields "extend to network space,General standards for exploration determined,Make specific reasonable reason,Special attention to,The "field" in the network space must still adhere to the same sex as the behavior of behavior,But the requirements for the same nature of the space are greatly reduced。No matter if the Internet is unfairly competitive, the wind rises,Internet bet365 best casino games giant "Paid"、Technical "Bull" induced users to attack opponents' fisheries、"Flow Hive"、Internet users attack each other ... The use of excessive distortion of technology,Promoting traditional provisions into network space。

Quantitative rules in the era of network space require system construction。Traditional Criminal Setting Standard System is when facing mutant cyber crimes,increasingly weak to the heart。Judicial practice has already actively responded to this,but still not enough system。"Double Society", which exists at the same time "real society" and "network society", is the current social structure,The quantitative standard system and mode in the dual -layer society have been naturally generated; the influencing factor in the network space begins to form a quantitative mode independently,At the same time, it can be effective with the traditional impact factor。This reveals the composition of the quantitative mode of cyber crime in the context of the "double society",Including the extension of the traditional model in the network space,It also covers a new type of crime model in the network space。The crime mode of spreading behavior in "network space",Judgment Standard for "serious chaos in public order","Actual Clicks" Standard Flowing、Application and Bet365 app download tendency,This should be used as the background and foundation。After the theoretical system was built in theory,It still needs to explore the path composition of the system transformation in practice。Judging,You need to make full use of and improve the guidance case to introduce rules,Give full play to the function of common multiple network crimes quantitative standard guidance cases; and regulate the introduction of new quantitative standard judicial interpretation,Explore the quantitative rules of common multiple cyber crimes。Less legislation,It should eliminate some legal obstacles to the new quantitative standard,and new crimes should be added or expanded a new behavior mode in the original charges,Provide a platform for the application of new standards。

  Adjust the law actively respond

The current prominent cyber crime calls the strategy adjustment of legal response。Analysis of cases that have been implemented or generated by using network space in recent years,You can summarize the overall state of crime of cyber terrorist activities、Development trend、behavioral type,They also highlight the series of dilemma of Chinese law in response to cyber terrorist crimes in Chinese law。For this,Need to be on the platform mechanism、Crime System、Criminal form、Four aspects of general jurisdiction Bet365 app download to build a systematic legal response strategy。

Legislation、Judicial and Jurisprints should quickly jump from the "software system" thinking to the "network space" thinking,Three basic types of network crimes as logical starting points,Breaking through the reaction mode of the "dual -track, three -point and four -line" response of traditional legal cope with cyber crimes,Build a new legal system for sanction cyber crimes。At the same time,Facing network security for public security、Embedded trend of national security,The introduction of the future network security law should pay attention to the rise of network security thinking,From information network security thinking to rising to network space security thinking,Jumping from online user security thinking to national security、Public safety thinking。Chinese law should actively respond to systematics,Update the domestic system in a timely manner and try to output international rules。

  (Author Unit: China University of Political Science and Law)

Editor in charge: Wu Yong
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