What Is the Computer Fraud and Abuse Act?

China's first computer crime law was mentioned in the Criminal Law of the People's Republic of China in 1997. The subject of crime refers to the natural persons and units that carry out acts that endanger society and should be held criminally responsible in accordance with the law. The subject of computer crime is the general subject. Judging from the specific manifestations of computer crime, the subjects of crime are diverse, and people of all ages and professions can commit computer crime.

As a new form of crime emerging in contemporary society, "

Since the 1960s, countries around the world have attached great importance to computer security and crime legislation. Through computer security and crime legislation, on the one hand, computer security measures can be legalized, standardized, and institutionalized, so as to curb the conditions of computer crime; on the other hand, it can provide a strong legal basis for cracking down on computer crime and play a certain role for criminals. Deterrent effect. Computer crime, as an important form of crime in the future society, is not only a technical issue but also a legal issue. Therefore, effective countermeasures must be taken from laws and national policies to effectively prevent computer crime. ^[2]

Computer Crime began in the 1960s, and in the 1980s, especially in the 1990s, it became more and more intense at home and abroad. In order to prevent and reduce computer crimes, it is imperative to give them reasonable and objective characterization. But in answering the question of "what is computer crime", there are many opinions in the theoretical circles. It can be roughly divided into three categories: broad sense, narrow sense and eclecticism.

China's computer development and application time is relatively short, and social informatization started late, and it was mainly concentrated in economically developed areas such as coastal areas in the early stage. Computer crimes were not very prominent. After entering the 1990s, the country's informatization construction has developed rapidly, and various fields and industries of the society have been applied to meet the needs of social development.

Chinese scholars have two main opinions on the types of computer crime criminal legislation: the first opinion is that it is possible to add or modify the relevant provisions on computer crimes in our criminal code; the second opinion is that a separate Criminal Code for Computer Crimes.

Scholars who hold the first opinion have the following reasons: ^[4]

(1) Regardless of the popularity of computers in the entire society or computer crimes developed on this basis, China is still in its infancy, and its types and methods of crime have not been fully revealed;

(2) On the whole, the relevant provisions of China's criminal law on crime are comparative in principle, general, have greater compatibility, and have a strong ability to absorb new crimes;

(3) Many computer crimes, especially tool computers, have no substantial difference from traditional crimes except for the means of crime, so it is not necessary to provide for new crimes.

The second opinion states:

(1) Although computer crime is not as serious in China as it is in Western countries, with the increasing use of computers, the serious harm of computer crime has been fully demonstrated, and its types and methods have been fully demonstrated. For some of them, Crime, we cannot find the corresponding provisions in the current criminal law;

(2) Computer crime has its own characteristics, and it cannot be accepted by the criminal object classification method of China's criminal law theory. Therefore, computer related criminal laws and regulations should not be distributed in the various chapters of the current criminal law rules;

(3) If the relevant provisions are distributed in the chapters of the current criminal law subsection, it is difficult to avoid duplication and redundancy of the content of the clauses, which will affect the coordination and overall integrity of the chapters of the subsection of the criminal law. It is lack of science in terms of legislation Sex.