计算机犯罪和其对策研究.pdfVIP

ABSTRACT Computer crime is a new kind of crime in our country．In judicial practice few offenders are punished for lack of applicable legal code，and theref。ore negligence about this kind of crime is often caused． It has formed a striking contrast that the harmfulness of this crime is serious but the puni shment is miid，that the cost and risk for committing computer crime are 10w but the rate of SUCCESS is high and the benefit receired i s plentifu]． In recent years computer crime is becomi ng rampant both at home and abroad．The study on computer erime is increasing． In this paper，the writer sums up the study on computer crime in recent years， and on the bes h of which，the writer setS forth her own understanding and viewpoints。 Thi s paper consis of four parts as foliows：Part erie introduces the orig；n，characteri stits，and developing tendency of cemputer crime It is hoped that readers can gain a bas：c understanding of computer CFimes and thereby increase their CoNcern aboLlt computer crime． By analyzing the deve!oping tende rICy，o fo,mdat Lon i s』aia fo r part four． Part gWO introduces the def．i nition of compuior CFime． ．{s to what computer crime is．theorists in judicial worLd have different viewpoints． ‘fhe various explanations of the deflnitien of computer cv_‘ime can be roughlv classified into three kj nds一一compu!er crime in a broad sense． computer crime in a narrow sense and computer crime in eclectic sense． rhis paper analyses the above—mentloned three viewpoints about computer crime and proves their shortcomings On the hasis of exploring the various c，aceptiOnS the writer redefined computer crime and set forth a new and origina】 view as foilows：“Computer erime is the behavior Ofthe person who brings seriOUS harm to SOCiety by using com12uter as a tool and by using the technology of computer information and specialized ’ knowledge to illegally to encroach On the safety of computer and itS network．” Part three analyzed the components of computer crime and set for