New types of cybercrime

New types of cybercrime include high-tech network pollution, high-tech network infringement, production and dissemination of network viruses, network theft and other forms, including network theft is the most common type of cybercrime, through the payment of e-money, bills, bank account statements, lists, etc. to steal secret information, cybercrime in has a fast dissemination, harming the population of many people, and the harm of the characteristics of the big.

A new type of cybercrime includes what

(a) the manifestation of crime against the network

1, network theft.

The use of the network to steal scientific and technological, military and commercial intelligence is the most common type of network crime. Currently, through the international information superhighway Internet, international criminals can steal about $ 2 billion worth of business intelligence each year. In the economic sphere, banks have become the preferred target of cybercrime. Crime is manifested in the form of electronic money used for payment, bills, bank account statements, lists, etc. to achieve the purpose of stealing public and private property.

2, the production and dissemination of network viruses.

Network virus is a form of cybercrime, is a man-made interference in the normal operation of the network security a technical means. The rapid multiplication of network viruses, network security constitutes the most direct threat, has become a major social nuisance.

3, high-tech infringement.

This crime is a designed to paralyze the entire computer network to cause maximum destructive attacks. The world's first black hand to the military computer system of the 15-year-old American teenager Minnick, with a special talent for deciphering the computer system, had successfully entered the "North American Air Defense Command Center" computer system.

4, high-tech pollution.

High-tech pollution refers to the use of information networks to disseminate harmful data, publish false information, indiscriminate commercial advertising, insult and defame the criminal behavior of others. Due to the network information dissemination of a wide range of fast, if there is no effective control, the damage caused by the loss will be unimaginable.

Two, the legal characteristics of telecom network crimes

(A) the number of soaring

There were only three crimes committed through or involving telecom networks before 2013, and the number of such cases has risen to 20 so far in 2013. Shanxian court is located in the geographical area is less developed, in economically developed areas corresponding cases will be more, the increment will also be very large.

(2) more types, involving a wide range of areas

Criminal activities carried out through the telecommunications network, the means to differentiate themselves from the previous conventional crime, with a variety of types, involving a wide range of hazards, covert and strong characteristics. With the development of science and technology, computers, smart phones and other network applications such as the popularity of terminals, through the network QQ group spread obscene video, the use of micro letter selling cigarettes subject to state licensing, through the establishment of a "pseudo-base station" group fraudulent text messages, by calling and posing as a professional sales of so-called Chinese herbal medicines, in the posting bar, microblogging, weibo group, QQ groups and other platforms to spread other people's privacy or fabricate rumors, insults and defamation of others to infringe on personal rights and other illegal and criminal activities are becoming increasingly rampant. Telecommunications network crime often involves the violation of citizens' personal rights, democratic rights, crimes against property, production, trafficking, dissemination of obscene materials and other traditional areas of infringement, but also make some common crimes wear "invisible clothes", such as through the WeChat red packet bribery, bribery, and other criminal activities, with a strong degree of concealment.

(3) fast spread, the harm of the crowd, the harm

Criminals through the formation of "pseudo-base stations", the establishment of communication groups, such as WeChat groups, Fetion groups, QQ groups and other means of dissemination of criminal means, the speed of its dissemination is geometrically increasing, and difficult to control, the corresponding group of victims are also numerous. In the cases heard by the Court, the victims were young people, middle-aged and old people; state employees and enterprise employees; intellectuals and the general public. Some criminals through the telecommunication network fabrication, dissemination of false danger, disaster and other information to seriously disrupt the social order, and even cause social panic, affecting the smooth development of the economy and society, the harm is enormous.

(D) the suspects involved in the case, a wide range of geographic

Traditional criminal cases are implemented by a person, even if the formation of **** offender is also a "one-to-one" form, while such cases are implemented by more than one ****, and "one-to-many" or "Many to many", involving more suspects; telecommunications network is not subject to geographical restrictions, trans-provincial, trans-regional and even transnational crime.

Three, network crime how to choose the jurisdiction of the court

(a) the final destination of the network behavior

The so-called criminal purpose, refers to the perpetrator of the implementation of the criminal act of the subjective reflection of the results of the harm to society that they hope to achieve. There are cases in foreign countries where the place of crime is recognized from the perspective of criminal purpose. For example, in 2003, only 18-year-old American teenager Jeff Parsons was arrested by the police for creating a variant of the virus called "Shockwave", which infected 7,000 computers, and was known as the "Teenage King of Poisons" by the U.S. media. In this case, the suspect Jeffrey Parson was charged with "intentionally endangering or attempting to endanger computer security," which is an important basis for prosecuting his legal responsibility, and a famous case in which jurisdiction was based on the "purpose of the crime". It is also a famous case in which "criminal purpose" was used as a basis for determining jurisdiction.

(2) the place where the cybercrime is committed

the so-called place where the cybercrime is committed refers to the location of the computer terminal where the cybercrime is committed or the location of the ICP server where the perpetrator makes use of it purposefully. The necessary tools for the perpetrator to actively implement the criminal act is the terminal computer equipment, the necessary tools for the victim to perceive the criminal act is the terminal computer equipment, the ICP server is the end point of the criminal act can be completed in cyberspace, but also the results of the crime in the network to be perceived as the starting point, can be seen in the implementation and discovery of cybercrime of computer terminals and ICP servers and the network of criminal acts. The computer terminals and ICP servers for the implementation and discovery of cybercrimes are substantially related to cybercrimes.

So the implementation of cybercrime computer terminal location or purposeful use of the ICP server as the place of criminal behavior, not only in line with the technical characteristics of the network behavior, but also to maximize the search for the origin of the act, easy to detect and combat criminal behavior, so the implementation of cybercrime behavior is the place of the confirmation of criminal jurisdiction is one of the reasonable basis.

(C) the cybercrime result place

the so-called cybercrime result place, refers to the location of the computer terminal of the victim to discover the cybercrime behavior or the victim purposeful and legal use of the ICP server location where the cybercrime behavior is found. Confirmation of cybercrime is similar to the civil litigation "plaintiff on the defendant principle". Although there is a huge difference between cybercrime and cyberinfringement, and the basis of jurisdiction is also very different, the use of this basis of judgment in cyberspace has caused a similar controversy in the field of civil and commercial law and the field of criminal law: using the location of the computer terminal or server where the plaintiff discovers the cyberinfringement or criminal behavior as the criterion for determining the place where the cyberinfringement or criminal behavior is the result of the plaintiff's use of the computer terminal or server, the plaintiff can download relevant web pages and e-mail materials from any place through notarization, thus the plaintiff's right to choose the court of jurisdiction will be expanded indefinitely.

Based on the traditional theory of jurisdiction, the first court to be sued to obtain jurisdiction, even in the case of the first court is not suitable to hear the case, can be based on the designation of jurisdiction to solve the problem of conflict of jurisdiction in cyberspace, while the other courts automatically lose jurisdiction. Accordingly, in the field of criminal law, the terminal equipment and ICP server where the victim discovers the cybercrime act are taken as the equipment and technical reference factors, and "purposely utilizing" is taken as the examination standard of subjective state, and the location of the computer terminal where the victim discovers the cybercrime act or the ICP server where the victim purposely uses and discovers the cybercrime act are taken as the location of the cybercrime act. It is reasonable to take the location of the computer terminal where the victim discovers the cybercrime or the ICP server where the victim purposefully uses and discovers the cybercrime as the place where the cybercrime results in the criminal jurisdiction.

Legal basis

The Chinese People's **** and the Criminal Law of the State

Article 286 Violation of state regulations, the function of the computer information system for deleting, modifying, adding, interfering with the computer information system can not function normally, causing the computer information system can not operate normally and the consequences are serious, shall be sentenced to less than five years of fixed-term imprisonment or criminal detention; The consequences are particularly serious, shall be sentenced to more than five years of fixed-term imprisonment.

If a person violates state regulations by deleting, modifying or adding to data and applications stored, processed or transmitted in a computer information system, and the consequences are serious, he or she shall be punished in accordance with the provisions of the preceding paragraph.

The intentional production and dissemination of computer viruses and other destructive programs, affecting the normal operation of computer systems, the consequences are serious, in accordance with the provisions of the first paragraph of the punishment.

If a unit commits the first three crimes, the unit shall be sentenced to a fine, and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the first paragraph.

Article 287 The use of computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes shall be punished in accordance with the relevant provisions of this Law.