Rethinking Chinese Modes of Social Control and Cybercrime Prevention/李兴安法律论文网

definition can be reached as acts of that who violates state regulations and intrudes into computer systems with information concerning state affairs, construction of defense facilities, and sophisticated science and technology; or violates states regulations and deletes, alters, adds, and interferes in computer information systems, causing abnormal operations of the systems and grave consequences; or violates state regulations and deletes, alters, or adds the data or application programs installed in or processed and transmitted by the computer systems, and causes grave consequences; or deliberately creates and propagates computer virus and other programs which sabotage the normal operation of the computer system and cause grave consequences.

According to the Criminal Law, crime in which computer is used as a tool, is no longer regarded as a computer crime. Whoever uses a computer for financial fraud, theft, corruption, misappropriation of public funds, stealing state secrets, or other crimes is not guilty of computer crime but other crimes.

Unfortunately, that is not true when we think that the definition is not of only nominal meaning. In actual fact, cybercrimes emerge in China cover quite wide a range and a large scale. In discussing the problem of cybercrime in China, we should use the term in the sociological or criminological sense but not limited to the narrowly criminal sense. In China, according to the laws and regulations, there are 15 aspects that were criminalised:16

1. Violating relevant state laws and invading computer information systems containing information about state affairs, state defense and the most advanced science and technology

of the state;
2. Producing and spreading computer viruses and establishing devastating programs to attack computer systems or communications networks, thus causing damage to such systems or networks;
3. Violating relevant state laws, arbitrarily stopping the operation of computer networks or communications services, thereby interrupting normal operations of such networks or services;
4. Spreading rumours, slander or other information via the Internet for the purpose of overthrowing the state government, overthrowing the socialist system, or breaking up the country and destroying the country's unity;
5. Stealing or leaking state-classified information or military secrets via the Internet;
6. Igniting racial, ethnic hatred and discrimination, and destroying racial and ethnic unity via the Internet;
7. Organising cults or contacting cult members via the Internet to destroy the implementation of state laws and administrative regulations;
8. Engaging in swindles and burglary via the Internet;
9. Selling defective products or making false claims on commodities and services via the Internet;
10. Concocting and spreading false information via the Internet to influence securities trading and futures trading;
11. Establishing pornographic Web sites, Web pages, or providing links to pornographic sites on the Internet to spread such information, including those from books and magazines, motion pictures, video and audio products, and still images;
12. Insulting other people or fabricating stories to slander others via the Internet;
13. Illegally intercepting, changing, or deleting other people's e-mail or other data information, th

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