网络犯罪的法理分析和立法思考

A legal analysis of cybercrime and reflections on its legislation

随着计算机和信息网络的普及,人类的交流更加方便和快捷。与此同时,网络犯罪也呈现出复杂多样的形态,且危害性日益严重。令人忧虑的是,由于我国法律体系建设的滞后,对一些新型的网络犯罪行为的定罪还存在无法可依的现象。笔者试就几种主要的网络犯罪行为进行分析,并在此基础上对网络立法问题提出一些初步的意见。

With the popularization of computers and networks , it has become more and more convenient and rapid for people to exchange information. At the same time, cybercrime has become more and more complicated and harmful. What worries people is that because the establishment of legal system lags behind, there is a shortage in legislation to convict a few late - model criminal acts in returns the phenomenon unable but leaning on back to existence networks. The author tries to analyses several kinds of main cybercriminal acts and makes an approach to a few the matter of legislation for cybercrime.