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

us infringing upon other people's freedom of communication;
14. Infringing upon other people's rights to intellectual property via the Internet;
15. Damaging other people's business reputation and product reputation via the Internet.

There are still more academically induced categories. Practical crimes that are related to computer are perhaps found everywhere in the criminal law, from crimes against the national security to crimes against economy, from crimes against person to crimes against property, etc. Cybercrimes may be included in every chapter of the Criminal Law of P.R.C., according to their nature. This is determined by the methodology of the Chinese mode of thinking, which is on the same basis as the repealed system of guilty analogy.

iii. Phenomenon and situation of cybercrime in China

In the field of network, China is an up-and-coming youngster. Now, the network in China is developing with irresistible force. As for whether it will be confronted with a bottleneck at a certain extent, that's the topic of other interests. The momentum now is inevitably embodied with the gradients of exaggerations, and has the factor of network bubble. I do not share the common ideas with those who are unrealistically optimistic, becaus

e people in the vast rural areas restricted by financial conditions in the process of possessing computer and accessing to the network. It, however, began to take shape. Under these circumstances, network poses problems in Chinese society and Chinese legal system in many ways. Cybercrime and the network are closely associated with each other. The more popularised the network, the higher possibility, probability and the rate of occurrence of cybercrime. If the crime in the society also abides by the rule of saturation, the increase of the crime will to some extent be a portion of the total crimes, but not aggrandise independently sine die. Other crimes will decrease.

The group of potential criminals, opportunities for crime and the situation of crime are basically stable; cybercrime is like traditional crime, deserves punishment and prevention, but not hatred and extermination. The social history has already provided us with instances for possible reference. Chinese legislature and government should treat and handle the problem of cybercrime in a ordinary state of mind, keeping calm and reasonable, but not being flustered, confused, as if faced with a formidable enemy, has fleeing army's suspicion of danger at the slightest sound, all grass and trees are mistaken for enemy troops.

Making a comprehensive survey to the developing tendency of crime in the main countries in the world in recent years, in the context of rapid expansion of the network, the total sum of crime does not increase, otherwise, it decreases, for example, in the USA, UK, Canada, German, France, the Netherlands, Denmark, Ireland, etc (In some other countries, increased). This further shows that the resources of crime, including criminal human resources, within a country and all over the world are as limited as that of economy.

In the past, the more there were those who were busy running about to commit crimes, the less those who sat there to commit crimes by way of cudgelling their brains to evolve an idea. While the more there are those who commit crimes by the means of manipulating the keyboards,

《Rethinking Chinese Modes of Social Control and Cybercrime Prevention/李兴安法律论文网(第5页)》