摘要
受三代网络环境中应用功能重心的变化,网络安全风险先后经历了技术性风险、内容性风险以及多重复合风险三个发展阶段。网络犯罪的指向从最初的技术性侵害,发展到后来的利益性侵害,直到过渡到目前的现实关系侵害。犯罪指向的变化引起不同阶段网络安全法律的策略转换。基于网络的发展趋势,网络安全的法律保护必须统筹"个体利益"、"抽象秩序"与"宏观安全"三者之间的关系,建立复合型的网络安全保护体系。
With the shifts of the major functions of the three generations of network environment, cyber security has undergone three phases of risks incorporating technical risk, substantive risk and multi-compound risk. As cybercrime also went through the transformation from technical attack to the violations of interests and then to the infringements of social relations, legal strategies must be adjusted accordingly. Given the future prospect of the Internet, the cyber security law must, in order to protect cyber security, coordinate the relations of personal interests, abstract order and macro-security. Moreover, a comprehensive cyber security mechanism must be introduced. On April 20, 1994, China became fully connected with the worm through an International Private Leased Circuit （IPLC） with the storage capacity of 64K, indicating a new era of lnternet in China. By now, network in China has developed for 23 years, which has already become an important medium for information exchange and delivery among government bodies, organizations, social groups and individuals. Network has profoundly afJected every aspect of human life from basic life styles to the transition of Jundamental life concepts. Therefore, it is more significant yet tougher than ever to deal with cyber security problems. The exposure of problems, the US surveillance program PRISM included, reveals the urgency and complexity for China to step up the protection of cyber security. Under this circumstance, it is necessary to review the evolution and development in retrospect of cybercrimes of the three different generations of the lnternet environment in a comprehensive manner so as to come up with better legislative strategies accordingly.
