计算机网络犯罪及其侦查研究
发布时间：2019-04-15 18:39
【摘要】：计算机网络犯罪是人类社会进入信息时代所面临的新问题，在目前相关法律法规不健全和不完备、司法实践缺乏相应的依据情况下，笔者以刑事诉讼中计算机网络犯罪及其侦查问题为题进行了研究。主要从当前存在争议的计算机、网络犯罪概念及定义入手，研究了以下几方面的内容。 第一章，从因特网的发展变化介绍着手，为分析计算机网络犯罪的出现及其发展状况作了铺垫。对当前有关计算机、网络犯罪的各种概念进行对比分析研究，阐述其各自的特点与局限性，并提出了笔者自己的观点，“计算机网络犯罪”是目前较合适的概念，并对其定义与范围进行了阐述； 第二章，本章节对当前计算机网络犯罪最新的发展趋势从多角度多方面进行了分析，并对计算机网络犯罪活动猖獗的原因从犯罪心理成本、经济成本、间接成本(被发现、受法律制裁的风险低)及被发现后所承担的法律成本低等方面进行了剖析。由此也自然引出计算机网络犯罪案件中侦查机关所面临的困难所在。 第三章节对计算机网络犯罪案件侦查程序中的三个环节进行了研究。一是案件的发现，笔者从发现案件的困难性提出了建立一种区别于传统形式的主动发现案件的机制来应对当前计算机网络犯罪的紧迫形势；二是立案方面，对我国现行刑事法律相关的立案标准在笔者个人的理解上作了扩充，并提出了自己的看法。并对利用计算机网络或技术实施的非传统类型的犯罪，尚未法定化的犯罪的立案提出了自己的见解，以与长辈及学者商榷。三是具体侦查过程中，从犯罪现场的确认、现场勘查、电子证据采集和证据资料的技术分析几方面为计算机网络犯罪案件的侦查程序作了理论和技术上探讨研究。 第四章，专业的侦查技术是侦查成功的重要因素，，笔者从电子取证与网络侦查技术两方面分析了其在侦查过程中的具体应用；并针对计算机网络犯罪案件的特殊性，对“诱惑侦查”在计算机网络犯罪案件侦查中的运用提出了自己的观点和见解。
[Abstract]:Computer network crime is a new problem that human society is facing in the information age. At present, the relevant laws and regulations are not perfect and incomplete, and judicial practice lacks corresponding basis. The author studies the problem of computer network crime and its investigation in criminal procedure. Mainly from the current controversial computer, the concept and definition of cybercrime, this paper studies the following aspects. The first chapter begins with the introduction of the development and change of Internet, which lays the groundwork for the analysis of the emergence and development of computer network crime. This paper makes a comparative analysis of the current concepts of computer and network crime, expounds their respective characteristics and limitations, and puts forward the author's own viewpoint that "computer network crime" is a more appropriate concept at present. And its definition and scope are described. In the second chapter, this chapter analyzes the latest development trend of computer network crime from many angles and many aspects, and analyzes the causes of the rampant computer network crime from the criminal psychological cost. The economic cost, indirect cost (low risk of being discovered and sanctioned by law) and the low legal cost after discovery are analyzed. Thus it naturally leads to the difficulties faced by the investigation organs in computer network crime cases. The third chapter studies the three links in the procedure of computer network crime investigation. One is the discovery of the case, from the difficulty of finding the case, the author proposes to establish a mechanism which is different from the traditional form of active discovery of the case to respond to the current urgent situation of computer network crime; Second, in the aspect of filing a case, this paper expands the author's personal understanding of the relevant standards of criminal law in our country, and puts forward his own views. In order to discuss with the elders and scholars, the author puts forward his own opinions on the filing of non-traditional types of crimes carried out by means of computer network or technology, and the crimes which have not yet been legalized. Third, from the confirmation of crime scene, scene investigation, electronic evidence collection and technical analysis of evidence data, this paper makes a theoretical and technical study on the investigation procedure of computer-based crime cases in the process of specific investigation. In the fourth chapter, professional investigation technology is an important factor for the success of investigation. The author analyzes its application in the process of investigation from two aspects: electronic forensics and network investigation technology. In view of the particularity of computer network crime cases, the author puts forward his own viewpoint and opinion on the application of "seduction investigation" in the investigation of computer network crime cases.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917;D918
本文编号：2458385
[Abstract]:Computer network crime is a new problem that human society is facing in the information age. At present, the relevant laws and regulations are not perfect and incomplete, and judicial practice lacks corresponding basis. The author studies the problem of computer network crime and its investigation in criminal procedure. Mainly from the current controversial computer, the concept and definition of cybercrime, this paper studies the following aspects. The first chapter begins with the introduction of the development and change of Internet, which lays the groundwork for the analysis of the emergence and development of computer network crime. This paper makes a comparative analysis of the current concepts of computer and network crime, expounds their respective characteristics and limitations, and puts forward the author's own viewpoint that "computer network crime" is a more appropriate concept at present. And its definition and scope are described. In the second chapter, this chapter analyzes the latest development trend of computer network crime from many angles and many aspects, and analyzes the causes of the rampant computer network crime from the criminal psychological cost. The economic cost, indirect cost (low risk of being discovered and sanctioned by law) and the low legal cost after discovery are analyzed. Thus it naturally leads to the difficulties faced by the investigation organs in computer network crime cases. The third chapter studies the three links in the procedure of computer network crime investigation. One is the discovery of the case, from the difficulty of finding the case, the author proposes to establish a mechanism which is different from the traditional form of active discovery of the case to respond to the current urgent situation of computer network crime; Second, in the aspect of filing a case, this paper expands the author's personal understanding of the relevant standards of criminal law in our country, and puts forward his own views. In order to discuss with the elders and scholars, the author puts forward his own opinions on the filing of non-traditional types of crimes carried out by means of computer network or technology, and the crimes which have not yet been legalized. Third, from the confirmation of crime scene, scene investigation, electronic evidence collection and technical analysis of evidence data, this paper makes a theoretical and technical study on the investigation procedure of computer-based crime cases in the process of specific investigation. In the fourth chapter, professional investigation technology is an important factor for the success of investigation. The author analyzes its application in the process of investigation from two aspects: electronic forensics and network investigation technology. In view of the particularity of computer network crime cases, the author puts forward his own viewpoint and opinion on the application of "seduction investigation" in the investigation of computer network crime cases.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917;D918
【引证文献】
相关期刊论文 前1条
1 秦晓波;高毅;龙刚;柴志成;;论网络犯罪及预防[J];贵阳学院学报(自然科学版);2008年04期
本文编号：2458385
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