Rethinking Chinese Modes of Social Control and Cybercrime Prevention/李兴安法律论文网
users.12 According to reports from the China Internet Network Information Centre, the number of Internet users in China grew to 45.8 million users by July 2002. Many studies indicate that the number of Net users in China is roughly doubling every year or two. Even if these studies exaggerate the number of users, there are clear indications of rapid Internet growth in China.
ii. Definition of cybercrime
Mimicking real life, crimes and criminals come in all varieties on the Internet,13 ranging from the catastrophic to the merely annoying.14 So, defined broadly, the term "cybercrime" could reasonably include a wide variety of criminal offencses, activities, or issues. The potential scope is even larger when using the frequent companion or substitute term "computer-related crime." As the phrase is evolving into a term of art, the narrower set of meanings has become more prevalent in the literature in the western world. In China, the term is the same from the beginning, pronounced as "Jisuanji Fanzui", i.e., computer crime. But there is never an official term for it. The crimes provided in the criminal law are more complicated.
In the academic circles, a variety of definitions have been introduced from the Western and put forward by themselves since early 1980s, including either the definitions in the broad sense or in the narrow sense. Most of them are derived from the Western harbingers, along with the translation into Chinese and publication in China of books and articles. For example, those definitions of a Western style by the Department of Justice of USA in 1979, stating that a cybercrime is any illegal act for which knowledge of computer technologies is essential for its perpetration, investigation, or prosecution. This definition was too broad and has since been further refined by new or modified state and federal criminal statutes. Another widely cited definition is by OECD. Both of them were brought into the definition in the broad sense when discussed. As for the definition in the narrow sense, one of the most typical examples is taken from the Act of data, Sweden.
The later study saw some rational thinking about the issue, and some definitions came into being which possess the Chinese style. For example, a definition in 1993 read as: "Cybercrime is the crime committed in which the computer system is utilised as a tool or aimed as a target."15
The definitions introduced to China and raised by Chinese scholars have profound academic significance on the one hand; they are regarded as wanting, however, in relationship with the stagnancy of the technological development and the characteristics of cyber space in the Chinese context, on the other hand. That is because that definitions in Criminal Law of P. R. China, 1997 are widely explained and accepted as the only scientific ones. The tradition of explanatory jurisprudence controls and decides the ideas of most of the Chinese jurists.
Anyway, it sounds outdated now to talk about some extra definitions of computer crime in China after the Criminal Law, which provides the computer crime in articles 285, 286 and 287 in the Section I Crimes of Disrupting Public Order, Chapter VI Crimes of Disrupting the Order of Social Administration.
Computer crime is that crime in which computer information systems are the target of crime. A comprehensive 《Rethinking Chinese Modes of Social Control and Cybercrime Prevention/李兴安法律论文网(第3页)》
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ii. Definition of cybercrime
Mimicking real life, crimes and criminals come in all varieties on the Internet,13 ranging from the catastrophic to the merely annoying.14 So, defined broadly, the term "cybercrime" could reasonably include a wide variety of criminal offencses, activities, or issues. The potential scope is even larger when using the frequent companion or substitute term "computer-related crime." As the phrase is evolving into a term of art, the narrower set of meanings has become more prevalent in the literature in the western world. In China, the term is the same from the beginning, pronounced as "Jisuanji Fanzui", i.e., computer crime. But there is never an official term for it. The crimes provided in the criminal law are more complicated.
In the academic circles, a variety of definitions have been introduced from the Western and put forward by themselves since early 1980s, including either the definitions in the broad sense or in the narrow sense. Most of them are derived from the Western harbingers, along with the translation into Chinese and publication in China of books and articles. For example, those definitions of a Western style by the Department of Justice of USA in 1979, stating that a cybercrime is any illegal act for which knowledge of computer technologies is essential for its perpetration, investigation, or prosecution. This definition was too broad and has since been further refined by new or modified state and federal criminal statutes. Another widely cited definition is by OECD. Both of them were brought into the definition in the broad sense when discussed. As for the definition in the narrow sense, one of the most typical examples is taken from the Act of data, Sweden.
The later study saw some rational thinking about the issue, and some definitions came into being which possess the Chinese style. For example, a definition in 1993 read as: "Cybercrime is the crime committed in which the computer system is utilised as a tool or aimed as a target."15
The definitions introduced to China and raised by Chinese scholars have profound academic significance on the one hand; they are regarded as wanting, however, in relationship with the stagnancy of the technological development and the characteristics of cyber space in the Chinese context, on the other hand. That is because that definitions in Criminal Law of P. R. China, 1997 are widely explained and accepted as the only scientific ones. The tradition of explanatory jurisprudence controls and decides the ideas of most of the Chinese jurists.
Anyway, it sounds outdated now to talk about some extra definitions of computer crime in China after the Criminal Law, which provides the computer crime in articles 285, 286 and 287 in the Section I Crimes of Disrupting Public Order, Chapter VI Crimes of Disrupting the Order of Social Administration.
Computer crime is that crime in which computer information systems are the target of crime. A comprehensive 《Rethinking Chinese Modes of Social Control and Cybercrime Prevention/李兴安法律论文网(第3页)》
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