Comparative Study of Cybercrime

Author: Pi Yong
Publisher:
Publish Date: 2005-01-01
Features: Comparative law is an important method of legal research and a branch of legal studies. Due to the existence of different legal systems in the world and the similarities and differences among national laws, comparative law has emerged out of the need to learn from the laws of other countries. Criminal law, as one of the important departments of law, is no exception. Because of differences in politics, economy, culture, customs, and historical traditions among countries, their criminal theories are unique. However, as a social culture, criminal law is a crystallization of human wisdom, and it is common in maintaining social order, which forms the comparability of criminal laws in different countries. Comrade Mao Zedong once pointed out: "Things in the world always exist in comparison and develop through struggle." Comparison is necessary to evaluate superiority and inferiority, and comparison is necessary for learning and absorption. This is true for general things, and it is also true for criminal legislation. Therefore, strengthening the comparative study of criminal law, understanding and learning from foreign criminal laws, and achieving "making foreign things serve China," is of great significance for improving China's criminal law. Currently, China is undergoing an unprecedented period of institutional transformation, and the impact of this transformation is profound. Especially with the frequent international exchanges and the increasing number of cross-border criminal cases during the process of opening up, legal conflicts are common. Thus, how to ensure and promote the healthy development of the socialist market economy, optimize China's investment legal environment, make China's criminal law face the world, and gradually align with international standards is an important issue facing criminal law theoretical research in China. After China's entry into the WTO, this task has become particularly urgent. Based on this consideration, we have organized the writing of this series of comparative studies, hoping to "borrow stones from other mountains" to promote the development of China's criminal rule of law. This series focuses on criminal law divisions. This is because China's comparative study of criminal law started relatively late, and from the perspective of research scope, it was mainly concentrated on the macro-level comparative study of basic criminal theories in the past. This aspect is undoubtedly important, but the comparative study of criminal law divisions is also essential. As for the current state of research in China, the comparative study of individual crimes under criminal law is still very weak. Therefore, based on the needs of theoretical research and judicial practice, we have selected some common and frequently occurring crimes in criminal law divisions and some current hot issues for comparative study. The selected comparative study topics are: 1. Comparative Study of Crimes Against the Rights of Citizens 2. Comparative Study of Crimes Against Intellectual Property 3. Comparative Study of Cyber Crimes 4. Comparative Study of Medical Crimes The purpose of writing this series is to provide a reliable theoretical basis for the improvement of China's criminal law legislation by analyzing and comparing criminal legal systems in various countries. To achieve this goal, the series aims to embody the following characteristics: (1) Comprehensive and Systematic. To better absorb and learn from advanced criminal law legislative experiences abroad, the authors have extensively collected legislative materials from civil law systems, common law systems, and the Hong Kong, Macao, and Taiwan regions of China, including a significant portion of original foreign language materials. On this basis, they have conducted thorough arguments and proposed points of reference. (2) In-depth and Detailed. Comparative studies focus on persuading through reason. In this series, the authors have not only carefully examined the similarities and differences of criminal legal systems in various countries but have also deeply explored the background of these systems and conducted realistic evaluations of their advantages and disadvantages, making the book more persuasive. (3) Highlighting Key Points. Criminal legal systems in different countries have both similarities and differences, and comparative studies usually focus on the "differences." According to this characteristic, the series differentiates between common and frequently occurring crimes and general crimes, as well as between key and hot issues and general issues in these crimes, providing detailed and brief discussions accordingly. On the other hand, it focuses on analyzing the differences between Chinese and foreign criminal legal systems and provides only general introductions to other issues. In terms of the selection and arrangement of authors, to ensure the academic quality and theoretical level of this series, the authors are all Ph.D. students or Ph.D. candidates in criminal law, including judges and prosecutors who have engaged in judicial practice for many years. The writing style also reflects flexibility, allowing for either individual authorship or co-authorship by two or three people. This series is first determined by the chief editor to select topics and writing plans, and at the same time to determine the authors of each book. Then, the authors propose writing outlines and content ideas, which are reviewed by the chief editor. After the authors complete the manuscripts, they are submitted to the chief editor for approval. The chief editor reviews the main viewpoints and technical norms of each book to ensure consistency in style and format throughout the series. Comparative law is an important method of legal research and a branch of legal studies. Due to the existence of different legal systems in the world and the similarities and differences among national laws, comparative law has emerged out of the need to learn from the laws of other countries. Criminal law, as one of the important departments of law, is no exception. Because of differences in politics, economy, culture, customs, and historical traditions among countries, their criminal theories are unique. However, as a social culture, criminal law is a crystallization of human wisdom, and it is common in maintaining social order, which forms the comparability of criminal laws in different countries. Comrade Mao Zedong once pointed out: "Things in the world always exist in comparison and develop through struggle." Comparison is necessary to evaluate superiority and inferiority, and comparison is necessary for learning and absorption. This is true for general things, and it is also true for criminal legislation. Therefore, strengthening the comparative study of criminal law, understanding and learning from foreign criminal laws, and achieving "making foreign things serve China," is of great significance for improving China's criminal law. Currently, China is undergoing an unprecedented period of institutional transformation, and the impact of this transformation is profound. Especially with the frequent international exchanges and the increasing number of cross-border criminal cases during the process of opening up, legal conflicts are common. Thus, how to ensure and promote the healthy development of the socialist market economy, optimize China's investment legal environment, make China's criminal law face the world, and gradually align with international standards is an important issue facing criminal law theoretical research in China. After China's entry into the WTO, this task has become particularly urgent. Based on this consideration, we have organized the writing of this series of comparative studies, hoping to "borrow stones from other mountains" to promote the development of China's criminal rule of law. This series focuses on criminal law divisions. This is because China's comparative study of criminal law started relatively late, and from the perspective of research scope, it was mainly concentrated on the macro-level comparative study of basic criminal theories in the past. This aspect is undoubtedly important, but the comparative study of criminal law divisions is also essential. As for the current state of research in China, the comparative study of individual crimes under criminal law is still very weak. Therefore, based on the needs of theoretical research and judicial practice, we have selected some common and frequently occurring crimes in criminal law divisions and some current hot issues for comparative study. The selected comparative study topics are: 1. Comparative Study of Crimes Against the Rights of Citizens 2. Comparative Study of Crimes Against Intellectual Property 3. Comparative Study of Cyber Crimes 4. Comparative Study of Medical Crimes The purpose of writing this series is to provide a reliable theoretical basis for the improvement of China's criminal law legislation by analyzing and comparing criminal legal systems in various countries. To achieve this goal, the series aims to embody the following characteristics: (1) Comprehensive and Systematic. To better absorb and learn from advanced criminal law legislative experiences abroad, the authors have extensively collected legislative materials from civil law systems, common law systems, and the Hong Kong, Macao, and Taiwan regions of China, including a significant portion of original foreign language materials. On this basis, they have conducted thorough arguments and proposed points of reference. (2) In-depth and Detailed. Comparative studies focus on persuading through reason. In this series, the authors have not only carefully examined the similarities and differences of criminal legal systems in various countries but have also deeply explored the background of these systems and conducted realistic evaluations of their advantages and disadvantages, making the book more persuasive. (3) Highlighting Key Points. Criminal legal systems in different countries have both similarities and differences, and comparative studies usually focus on the "differences." According to this characteristic, the series differentiates between common and frequently occurring crimes and general crimes, as well as between key and hot issues and general issues in these crimes, providing detailed and brief discussions accordingly. On the other hand, it focuses on analyzing the differences between Chinese and foreign criminal legal systems and provides only general introductions to other issues. In terms of the selection and arrangement of authors, to ensure the academic quality and theoretical level of this series, the authors are all Ph.D. students or Ph.D. candidates in criminal law, including judges and prosecutors who have engaged in judicial practice for many years. The writing style also reflects flexibility, allowing for either individual authorship or co-authorship by two or three people. This series is first determined by the chief editor to select topics and writing plans, and at the same time to determine the authors of each book. Then, the authors propose writing outlines and content ideas, which are reviewed by the chief editor. After the authors complete the manuscripts, they are submitted to the chief editor for approval. The chief editor reviews the main viewpoints and technical norms of each book to ensure consistency in style and format throughout the series.