It has always been very important throughout the centuries for legislative institutions and police organizations to watch over different media and genres as instruments of conspiracy of criminals, members of organized...It has always been very important throughout the centuries for legislative institutions and police organizations to watch over different media and genres as instruments of conspiracy of criminals, members of organized crime, and terroristic groups in order to recognize conspiracy contents and to evaluate them systematically （intelligence work）. With the help of special methods-design, it is possible to analyze the functions and strategies of this specific sometimes open or undercover used languages of Rotwelsch, Argot, Fenya, terrorist and Jihadi groups. A very significant example is the history of Jihadi Internet as a cyber-planning tool： single websites （until 2001）, expansion and professionalization （2001-2007） and severe surveillance, distrust and new social media （after 2008 especially because of 9/11）. Since it has become clear that the National Security Agency （NSA） conducts severe intelligence research in the field of E-mail-traffic and chats, the demand of crypto-programs has grown. It is better in this situation to return to face-to-face-communication. Legislative institutions and police have to study these functions and strategies in order to practice the best fitting counter-action against crime and terrorism.展开更多
With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of ...With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of the law after legislation conducted by an independent third-party institution with scientific methods. The third-party legislative post-assessment can overcome the drawbacks of self-assessment, realizing the public participation better, which makes results of the assessment more objective, neutral and fair. The neutrality of assessment and scientificity of the method should be adhered in the construction of third-party legislative post-assessment in China, while improving public participation as well as the assessment indicators system and quality control system with the introduction of specific legal norms.展开更多
In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including takin...In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including taking an active part in social governance.Active legislation will not entail the systemic risk of excessive interference by criminal law.Criminalization does not conflict with criminal law’s concept of modest restraint.In terms of overall approach,we need to establish dynamic,rational and diversified legislative mechanisms for the future.In terms of specific methods,legislation must maintain an approach of actively intervention in the life of society,changing the current centralized legislative model.However,decentralized legislation should not necessarily adopt the tripartite model of the criminal code plus special enactments and auxiliary criminal law.Rather,it should construct a written criminal law system centered on the criminal code and supplemented by the law on minor offences,in parallel with criminal penalties and public security measures.This will produce a mechanism for the seamless incremental convergence of public security administrative punishment law,minor offences law,and criminal law.The net of justice is fine-meshed but its penalties are light.The addition of new crimes must uphold the rule of law,correspond to specific social situations,maintain an attitude of sensitivity and clarity toward lawlessness and regard criminal law as a last resort,in order to alleviate the pressures legislators currently face from the growing body of criminal law.展开更多
The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms： variation in th...The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms： variation in the elements constituting a crime, in the social harm done and in the form of the crime. Expansion of judicial interpretation is the primary choice for handling cybercrime. However, its limitations are also obvious. In the face of cyber variants of traditional crimes, we argue that raising the status of some acts of preparation to that of independent acts of execution and making some joint offenders into principal offenders offers two important solutions that can no longer be avoided by China＇s criminal law legislation.展开更多
文摘It has always been very important throughout the centuries for legislative institutions and police organizations to watch over different media and genres as instruments of conspiracy of criminals, members of organized crime, and terroristic groups in order to recognize conspiracy contents and to evaluate them systematically （intelligence work）. With the help of special methods-design, it is possible to analyze the functions and strategies of this specific sometimes open or undercover used languages of Rotwelsch, Argot, Fenya, terrorist and Jihadi groups. A very significant example is the history of Jihadi Internet as a cyber-planning tool： single websites （until 2001）, expansion and professionalization （2001-2007） and severe surveillance, distrust and new social media （after 2008 especially because of 9/11）. Since it has become clear that the National Security Agency （NSA） conducts severe intelligence research in the field of E-mail-traffic and chats, the demand of crypto-programs has grown. It is better in this situation to return to face-to-face-communication. Legislative institutions and police have to study these functions and strategies in order to practice the best fitting counter-action against crime and terrorism.
文摘With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of the law after legislation conducted by an independent third-party institution with scientific methods. The third-party legislative post-assessment can overcome the drawbacks of self-assessment, realizing the public participation better, which makes results of the assessment more objective, neutral and fair. The neutrality of assessment and scientificity of the method should be adhered in the construction of third-party legislative post-assessment in China, while improving public participation as well as the assessment indicators system and quality control system with the introduction of specific legal norms.
文摘In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including taking an active part in social governance.Active legislation will not entail the systemic risk of excessive interference by criminal law.Criminalization does not conflict with criminal law’s concept of modest restraint.In terms of overall approach,we need to establish dynamic,rational and diversified legislative mechanisms for the future.In terms of specific methods,legislation must maintain an approach of actively intervention in the life of society,changing the current centralized legislative model.However,decentralized legislation should not necessarily adopt the tripartite model of the criminal code plus special enactments and auxiliary criminal law.Rather,it should construct a written criminal law system centered on the criminal code and supplemented by the law on minor offences,in parallel with criminal penalties and public security measures.This will produce a mechanism for the seamless incremental convergence of public security administrative punishment law,minor offences law,and criminal law.The net of justice is fine-meshed but its penalties are light.The addition of new crimes must uphold the rule of law,correspond to specific social situations,maintain an attitude of sensitivity and clarity toward lawlessness and regard criminal law as a last resort,in order to alleviate the pressures legislators currently face from the growing body of criminal law.
文摘The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms： variation in the elements constituting a crime, in the social harm done and in the form of the crime. Expansion of judicial interpretation is the primary choice for handling cybercrime. However, its limitations are also obvious. In the face of cyber variants of traditional crimes, we argue that raising the status of some acts of preparation to that of independent acts of execution and making some joint offenders into principal offenders offers two important solutions that can no longer be avoided by China＇s criminal law legislation.
