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

eaucrats to take the legislative and judicial modes under the guidance of principle of heavy penalty. This is a vicious circle. Conversely, the media report that, look at the justice, killing a computer criminal by shooting. They reap the fees of more advertisements without lifting a finger. This is just the modernised version of a Chinese ancient allusion: "When the snipe and the clam grapple, the fisherman profits."

> The another effect of exaggeration of the media, is that it itself pass on the criminal skill. The potential criminals get known the cybercrime, get the ability to commit it from being ignorant of it and being unable to do, undergoing a process of learning from the propaganda of the media. From the point of view of the prevention of the crime in the modern society, media sometimes become the most reprimandable spreaders of crime. In the aspect of cybercrime, media play a role adding fuel to the flames, and enlightening the benighted. Some of them wear the legal veil, with the protection of freedom of press, make irresponsible remarks. Hereby I do not advocate to limit freedom of press, but freedom of press should benefit to the existence and development of the civilised society, but not do harm to it.

In brief, I tend to draw a conclusion that the network beneficial to the social control, and to negate the exaggeration of the media-cybercrime is not as serious as murder and arson. And The number of people who are currently walking around on the streets with bad intentions and the capability [to commit crime] far exceeds the number of people who can do the same on the Web.18

In fact, in 2001, the number of cybercrime cases in China topped 4,500, reflecting a 70 percent increase. The crimes influenced the spreading of pornography, fund embezzling and sending of computer viruses. Among the total millions of criminal cases, it may be said that they are only rarity of rarities. People pay serious attention to them is because that they are related with the high technology. Exaggerating the cybercrime is the product of the media, including websites. Some media are convenient to exaggerate, willing to exaggerate-exaggerating make a furore effect, increase ratio of clicking their websites and bargaining counters in attracting advertisements, from which they can make more money. Thus the effect of the exaggeration appear to the world that the situation of cybercrime in China is desperately serious. In fact, it is only a kind of crime of a new face, after a sober survey.


II. Roles of network in cybercrime and challenge to China

i. Network as a tool

A network is a collection of terminals, computers, servers, and components which allows for the easy flow of data and use of resources between one another.19 It is what is different from the conventional tools, means and implements. It is wide inter connected without the limits of time and boundary of space. With it, hackers intrude into the territories that do not belong to them: others' computer, websites, E-mail boxes and the like, where others' data, secrets, privacy and electronic property are stored. And the term "others" might vary from organisations to individuals. Among these hackers, those who have ever blasphemed the Chinese government is still at large.

On October 26th, 1998, the Chinese government proudly announced the of

《Rethinking Chinese Modes of Social Control and Cybercrime Prevention/李兴安法律论文网(第7页)》