论网络犯罪及其立法制裁

A Study of Cyberspace Crime and Its Legal Sanctions

日益增长的网络犯罪引起各国的警觉,使得网络犯罪法律制裁成为各国立法的焦点之一。在我国,建立比较完善的涉及民事、刑事等实体法律规范的网络立法也至关重要。我国现行的网络法规多属行政性、程序性法规,现行刑法对计算机信息系统犯罪的简单规定也难以覆盖网络犯罪的整体。为杜绝网络犯罪,发达国家和发展中国家、政府、企业和社会团体必须携手共进,共同寻求信息安全的法律框架模式。

In recent years, the increasing number of cases of cyberspace crime have alerted lawmakers, legal experts and scholars all over the world. Legal sanctions against cases of cyberspace crime have become one of the important issues in legislation. In China, it is also of primary importance to have a complete cyberspace legislation including both civil and criminal laws. With numerous empirical case studies at hand, the paper is to start with the account of the unique features characteristic of the cases of cyberspace crime and then move on to compare and analyze how other countries make and enforce the law, thereby maintaining the status of information safety. The current laws and regulations related to the cases of cyberspace crime are primarily administrative and procedural ones in China. The brief description of related laws and statutes under the rubric of Chinese Criminal Law is far from complete in dealing with the largescale cases of cyberspace crime. It is crucial to cooperate with law enforcement officials in developed and developing countries, while coordinating effectively with local enterprises, government and social agencies, with a view to establishing a wideranging legal framework to protect cyberspace information safety.