Abstract cybercrime is accompanied by the development of computer technology to produce a new form of crime, because of its highly covert and criminal means more advanced and therefore more difficult to prevention and control, to the community caused great harm . Firstly, the basic situation of cybercrime (concepts and basic features), and the current investigation of cybercrime difficulties described, and then made several cyber crime prevention strategy.
Paper Keywords Cybercrime Legislation international cooperation in crime prevention strategy
Development of computer network technology, which greatly promoted the progress of society. But the network is also a double-edged sword, in an unparalleled advantage, but also produced a corresponding negative effect, as a cybercrime emergence of new forms of crime, it would be for social stability has played a lot of damage effect. Correct understanding of cybercrime and to take positive and effective preventive measures to control, will be stability and development of society as a whole has a positive significance.
First, the basic situation of cyber crime and cyber crime investigation major difficulties
(A) The concept of cyber crime and cyber crime is a basic feature in the network environment produces a new form of crime, refers to the criminals through the use of computer programming, encryption and other operating techniques and means, or by using the Internet to supply basic information providers, and application service providers, etc., on the network or the computer operating system implemented in a criminal act. Cybercrime has the following basic features:
1 criminal means complexity and advanced. Cybercrime criminals often with the most advanced technological means to take advantage of the existing technology can not detect the favorable opportunity to commit the crime, which has advanced features.
2 covert. Cybercrime in a few minutes or even seconds can be completed, difficult to detect, and thus has good concealment.
3 across the region. Global village 'built' network extending to all over the world, making the borderless nature of cyber crime does not exist, and transnational criminal activities tend to involve many countries, more destructive.
4 devastating. Cyber crime in a foreign country, such as the United States, Britain and other countries, the annual losses caused by many billions of dollars, more than 60% since cyber crime occurred in the financial industry, so every criminal activity they often involve a large amount of money, and thus, with highly destructive.
5 criminal subject of a younger age and internalization. According to statistics, cyber crime, the criminal subject under the age of 35 cases accounted for over 70% of the time which prevailed with the computer and familiarity with computing technology officer's age has a great relationship.
(Two) the current investigation of cybercrime cybercrime main difficulties appear later as a special form of crime, compared to ordinary crime, methods of crime due to its high intelligence and modus operandi of the complex, and therefore more difficult to detection, investigation work to the public security organs to bring some difficulties.
1 cybercrime legal system is not perfect, the investigation stage in the procedure, the entity no laws. Although in 1991 the State Council issued the 'Computer Software Protection Regulations,' since it has already has issued a number of administrative rules and regulations to be combat cyber crime, such as the 'Regulations on Protection of Computer Information System Security', 'Computer Information Network and Internet Management Interim Provisions', ' financial institutions, computer information security protection Interim Provisions ', etc., passed in 1997 in the new Penal Code section 286, section 287 and other articles in the increased use of computers and specialized computer information system crimes against the relevant provisions, but overall, the criminal legislation also can not be overwritten constantly new of cybercrime, resulting in often become criminals slip through the net. Especially for cybercrime investigation process, and there is no specific law on investigative procedures will be described with reference to the Ministry of Public Basic is also 'public security organs for criminal cases, the procedural requirements' on page 56 and the Code of Criminal Procedure to be executed, because according to these laws A review process is cumbersome, in terms of network crime is obviously not practical, cyber crime can destroy a lot of evidence out, it is prone to the phenomenon can not find the evidence filed, in accordance with the ordinary law proceedings, often bungled handling timing, resulting in difficult cases cracked.
2 cybercrime is very complex, the main crime is not easy to determine. As cyber crime is carried out using high-tech crime and criminal means diverse, evidence of a crime and can be excision, thus making cyber crime is very complex, difficult to handle. Meanwhile, online criminals in the contact information such as text and images, generally does not require any registration, you can always remain anonymous, and can be repeatedly log until reaching the target of crime, in the process, it is difficult for the criminal investigating authorities behavior monitoring to advance, and thus, the real identity is often difficult to check stock. Coupled with the investigation and evidence collection process normally takes a step by step step by step, the objective of finding the criminals committing the crime to delay the effective time of the evidence, until close to the target of crime, criminals often had fled. This resulted in adverse situations criminals greatly increased risk of slipping through the net, giving the investigating authorities handling the case has caused great difficulties.
3 easy cross-border cybercrime effectively detected. As cyber crime has no borders characteristics, so a lot of cybercrime is launched in different countries, but there is no uniform between countries and improve the legal constraints, for this crime more difficult to detect, and because different countries to network varying degrees of criminal convictions, sentencing time varies, resulting in a lot of cases deal with a very complex and difficult, and difficult to be conclusive. In addition, some foreign criminals invade our country's crime situation in our country is also difficult to find a legal basis for sentencing, China's 'Criminal Law' Article 8 states: 'Foreigners in the People's Republic of China outside the territory of the country or citizens crime, and this law stipulates a minimum prison sentence of three years or more, you can apply this law, but in accordance with the law of the place of crime is not punishable except. 'and' Criminal Law 'Article 285 also provides that the illegal intrusion into computer information System maximum sentence of three years imprisonment for the crime, apparently, in relation to life sentence, because there is a certain conflict, making the case for more cyber crime is difficult to determine how to carry conviction.
Second, cyber crime prevention strategy
Cybercrime has great destructive to the enterprise and the country has caused great harm, and in view of the above there in cyber crime detection difficulties in the future should be carefully analyzed the relevant circumstances of cyber crime, cyber crime prevention really good job working .
(A) improve the cybercrime legislation system, and promote the smooth development of detective work first on cybercrime law should be improved as soon as possible, should the law be able to cover all aspects of computer crime, in December 2000 the National People's Congress passed 'on the safeguarding Internet security decisions, 'although compared to the previous field of crime on the network has been further defined, compared to the previous laws more perfect, but compared with the rate of change in the development of cybercrime laws of our country is clearly still lagging behind, needs improvement The. Secondly, cybercrime legislation should advance with the times, constantly adapt to new forms of cyber crime, cyber crime novel technology based on fast, relevant laws should never appear curing phenomenon that was enacted for the moment, you can shelved; simultaneously in the legislation, to conduct a comprehensive manner the crime fully understand the legal regulations in order to ensure that the network can cover all areas of crime, to avoid cases in the investigation, there is no legal basis for the phenomenon. Again, in the development of judicial interpretation, wider field of vision, involving technical issues must be approved by relevant experts, in order to ensure the scientific and legal rigor. In addition, you should also pay attention to the details, the judicial interpretation of the language used must be standardized, tight, to avoid committing the crime criminals find loopholes in the law. Investigation Procedure and Evidence of the legal system needs to establish and improve, we can consider the electronic evidence into legal evidence and resolve the extraction of electronic evidence and identification of problems, and improve technical appraisal of relevant laws and regulations, to ensure real and effective evidence; evidence involving privacy, should also establish laws to protect them. Finally, on the subject of cybercrime younger age characteristics, and cyber crime generally involves large amount of problems, from reality, considering the age of the criminal conviction of an appropriate lower body in order to avoid criminals with criminal intent to violate the law, to social harm.
Third, the conclusion
Cybercrime today's Internet age has a strong destructive form of a crime, cyber crime should strengthen awareness and vigilance, and constantly improve and perfect cybercrime laws and regulations, improve computer investigative techniques, as well as law enforcement officers law enforcement capacity networks the same time, improve the whole society awareness of the law and legal concepts, in the whole society to form a joint force to combat cyber crime, and continue to strengthen cooperation with other countries in efforts to detect network case, in addition, should actively learn from the Internet and combating foreign management cybercrime experience to be fully prepared cybercrime prevention work to ensure the security of our information and property as well as the stability of the whole society.Links to free download http://eng.hi138.com