计算机犯罪与现行中国法律.doc

Computer Crimes and Current Chinese Laws Yuan JIA jiayuan905@ Abstract Computer and cyber crimes are really different from traditional crimes. They bring great impact to investigation and prosecution. Gaps between the new kind of crime and existing laws are formed on several aspects including imputation, jurisdiction and evidence-taking. How to prosecute the emerging criminal offenses? Which laws and articles can work? All of those questions will be discussed in this article. Introduction From the first time that the computer and the Internet walked into our society up to now, they have changed our life a lot. As two of the most influential inventions, they have been enriching the world and making it to be developed faster and faster. However, challenges and risks also come forth at the same time, especially on laws. The fact is always that the science and technology runs so fast while the law falls behind and strives to keep step with them to protect people’s rights, to balance benefits of different parties and to harmonize the development of the society. Therefore, the disparity is always there, so does the gap between investigation as well as prosecution and computer/cyber crimes. In this article, I will first discuss the impact of computer and cyber crimes to existing Chinese laws related to investigation and prosecution, then move on to some Chinese laws which can be used to prosecute emerging computer and cyber crimes on the basis of the US laws as benchmarks. Gaps between Chinese laws and computer/cyber crimes To computer and cyber crimes, the PRC Criminal Law and the PRC Criminal Procedure Law can be functional to a certain extent. Other relevant laws and regulations, such as “People’s Police Law of the PRC”, “Working Rules on Interim Regulation of International Networking of Computer Information Network” and “Regulations on Internet Surfer Service Sites”, provide some supplements to make the investigation and prosecution easier. All of those laws do enable