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


utilising digits, compiling programmes, practising deception, devising strategies within a command tent, determining the victory in the battle field of one thousand km far away from, the less there are those who commit crimes by means of running about, taking greater and more risks. With the right know-how, somebody can achieve a lot more in a lot shorter period of time [on the Web] with no physical danger. Most advanced Internet criminals have everything to gain and almost nothing to lose, if they can be clever enough to cover their electronic tracks. Judging by the small number of arrests each year, most Internet criminals are indeed clever enough to avoid detection.17

The change of investments of crimes, is a factor affecting the quota of various categories of crimes in the situation of crime in a country. Macroscopically, the relatio

nship between the fields of criminal investment and that of the capital investment is complicated. Sometimes they will deviate from each other; sometimes they will partly overlap, sometimes they will completely coincide.

For example, in the late 1970s, at the beginning of the policy of reformation and opening to the outer world was carried out in China, violent crimes appeared prominently. It is just the first mode of the relationship.

Thereafter, since 1980s, the economic crimes cause a temporary clamour. It is just the second mode of the relationship.

From late 1990s, besides the organised crime and so forth that attracts common attention, cybercrime is getting rampant. It is just the third mode of the relationship. Now, it is in the period when the fields of criminal investment and that of the capital investment coincide. Here, the so-called investment, should be regarded as supplementary investment. The increase of the criminal investment, the increase of the capital investment, the process of the increase synchronises.

Therefore, corresponding relationship of investment accumulation arises. With the help of the term "criminal investment", some problem could be solved: one is that of criminal resources that could be used in the society, one is that of criminal investment and criminal product, one is that of the saturation of crime, one is that of the tendency of the crime.

Network may play an active role in the control of crime. One who uses the network, consumes time, energy and intellect. Cybercrime requires relevant computer knowledge. To grasp the knowledge, it again need the study process. The success of cybercrime is not so easy as theft, robbery, fraud, embezzlement and the like in the past time. If more and more people, spend more and more time using network, more and more people spend more and more time committing crimes that are more difficult to succeed, then, the power that the social control need will change to the management of the network. The mode of social control also changes.

The problem is that the process of the change is stagnant. Furthermore, in the change, someone could not understand it but be surprised at it in their intrinsic notions. They become the most wide followers of those who exaggerate the cybercrimes. They are just those bureaucrats who sit in the offices eyeing covetously others and want to teach them a lesson, but not technicians with kind and pleasant countenance. The exaggeration by the media misleads the bur

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