浅谈网络犯罪-代写英国Essay－r51due

英国essay论文精选范文：“浅谈网络犯罪”，这篇论文讨论了网络犯罪。近年来，网络已经迅速普及到家家户户之中，通过互联网实施犯罪已经早已不再需要高科技，对于普通行为人来说，通过简单的学习都能够通过网络对公民个人信息进行非法提供、非法叛卖，从而谋取经济利益。这种侵犯公民个人信息的行为则导致公民的权利遭到极大的侵害，同时，对于社会管理者而言，无疑又是增加一项挑战。

"Citizen" is a rigorous concept in the law, our Constitution is also the citizens are clearly defined, that is, with People's Republic of China nationality who was People's Republic of China citizens. Thus, for "citizen" concept, has fixed its connotation and extension. However, in criminal in the, citizens personal information in the of "citizens", whether only Council limited to has People's Republic of China nationality of China citizens, also is contains foreign citizens, and no nationality people zainei, exists with awareness differences, in judicial practice in the, violations citizens personal information crime by involved of citizens information usually is mass of, both contains with has People's Republic of China nationality of people, occasionally also will doping with some foreign citizens of information zainei, so, how finds criminal in the provides of citizens often is practice in the of a problem.

In the crime of infringement of citizens ' personal information, the scope of personal information and not clearly defined. In judicial practice, violations of citizens ' personal information in such cases, involving citizens ' personal information generally relates to name, telephone, address, social security number, and so on, citizens ' personal information to special cases involving citizens, purchases, and so on. For example, Huang and others in cases of suspected violations of citizens ' personal information, yellow and other people need to use the health product sales profits, so the sale of citizens ' personal information mainly related to ever purchase other health products of the old man's name, telephone, address and other information. However, for the crime of citizens ' personal information, there are several different points of view. Scholars believe that the personal information once the information was illegal use may have on individual lives and harm peace of information. Some scholars believe that personal information refers to all the citizens themselves, are connected to all forms of information that can identify specific individuals. Despite the existence of various scholars on "personal information" has a different view, but in practice, contains also a variety of personal information, therefore, for "personal information" should also grasp the context.

In the Penal Code, violations of citizens ' personal information needs to be "serious" condition as a crime reconstruction. But for what the plot as "serious" and does not make specific provision or interpretation. First, casual offence, quantity, profit, damage can affect the results are "serious" discretion. In cases of infringement of citizens ' personal information, some suspects involving tens of thousands of violations of citizens ' personal information, some involving thousands of articles, some involving hundreds of what the "serious nature", it is difficult to have a specific quantitative criteria, this needs to be considered from a wide range of crimes.

http://www.51due.net/writing/essay/sample30607.html

In judicial practice, the citizen's personal information were violated not only for sale, illegal access to personal information, there are used illegally, without authorization, provide, illegal, such as damage citizens ' personal information. Modesty and principles of criminal law should be maintained, but the fight against crime should not be ignored. Therefore, for the crime of infringement of citizens ' personal information incriminating behavior, you can expand to some extent. Meanwhile, crimes of infringement of citizens ' personal information behaviour first of all lies in the violation of State regulations. But, currently, China for citizens personal information of protection, in legal level of administrative and criminal sanctions convergence system yet established, involved protection citizens personal information of administrative legal regulations and criminal and cannot seamless for docking, thus, in judicial practice among, we of judicial organ in encountered violations citizens personal information of situation Shi, for plot serious for has a rough of free CD volume, is behavior people violations citizens personal information of behavior finds for violations citizens personal information crime. Therefore, the establishment of legal system of connection between administrative and criminal sanctions, as amendments to the Criminal Code (I) crimes involving violations of citizens ' personal information provide the necessary legal basis is particularly important.

In the crime of infringement of citizens ' personal information, on the one hand not only the invasion of Chinese citizens ' personal information should be protected by law, on the other hand foreign citizens or stateless persons violations should enjoy equal protection of their personal information. First of all, in the norms of criminal law, article No. 253 of the Criminal Code provisions, use language that is "personal information", and no limits on citizens ' personal information to "People's Republic of China citizen's personal information" and, therefore, should not be narrowly understood as Chinese citizens. Secondly, starting from the principles of fairness, equality, foreigners, stateless persons and Chinese citizens ' personal information should be the same equal protection by criminal law, if not equally protected by the law, limited only to protect Chinese citizens ' personal information, personal information protection to foreigners, stateless persons, it is a flaw, which is obviously contrary to the spirit and substance of our. In judicial practice, if the infringement of citizens ' personal information in criminal cases, up to tens of thousands of violations of citizens ' personal information, which contains both Chinese citizens ' personal information, and also contains United States citizens ' personal information, simply split the two, only Chinese citizens ' personal information part of the punishment is clearly unreasonable, are difficult to operate in the judicial practice.

Citizens ' personal information have their scope, but you cannot limit the scope is too narrow. Both privacy and the public's personal information to a certain extent still has the potential to become the object of violations. Personal information cannot be qualified individuals who are able to identify the individual identity of exclusive information. On how to grasp the scope of the personal information, coordination and coherence with the relevant laws and regulations should be fully taken into account. In judicial practice, the specific reference to "two high one" about criminal activity punishable by law against citizens personal information notice and clear provisions for citizens ' personal information. It clarifies the content of both. One is citizens ' personal information not only includes the ability to identify your personal information, including information regarding citizens ' personal privacy. For somebody sold the public have to disclose personal information in a certain range, to some extent, also have a potential threat. Therefore, provided that the requirements associated with individual and personal information of identifiable characteristics, and in practice can be considered the citizens ' personal information.

For the connotation of citizen's personal information should be expanded into one of the aggravating "serious" should be further explained. Current common judicial practice, for "serious" major can be found from the following three points. The first involved the number of citizens ' personal information. Katie, who in the case of infringement of citizens ' personal information, each actor involved in the sale of citizens ' personal information averaging tens of thousands of articles about citizen's name, phone number and other important information are included, it is clear that, in this case, the number of perpetrators of violations of citizens ' personal information is a large, grasp the number, you can think of it as "serious". Meanwhile, in a different case, involving citizens ' personal information there are great differences, therefore, in practice, in determining the quantitative criteria should also be of different situations differently. Second, considering the amount of illegal income. In our criminal law, the amount of illegal gains as incriminating condition of many types of crime usually, violations of citizens ' personal information in such cases this will undoubtedly be a reference. Katie and the others mentioned above in cases of infringement of citizens ' personal information, Act sale of citizens ' personal information to profit an average 200,000 yuan, the ruling "serious" standards, as measured by the amount of the illegal income as "serious," one of the criteria. Third, against the severity of the consequences. It is well known that crime usually cause downstream violations of citizens ' personal information, such as actions for violations of citizens ' personal information will be sold to others for fraud by the actions of others to commit the crime, resulting in death or serious consequences, such as the important economic losses, adverse social effects can be identified as "serious". For example, the girls received cheats call of Shandong, is 9900 Yuan for tuition by fraud, after stagnation in the heart died, apparently involved in the case cannot be ignored is the question of exactly how the girl's personal information infringement, sold her information, resulting in serious consequences of his or her death, combined with the specific circumstances of the case, can also be regarded as "serious".

Whether administrative penalties or a criminal punishment, both are public law responsibilities, in which both have penalties for violations, and the function of education. Independent behavior directly in the administrative law and punishment can compensate for the lack of lag of the criminal law, and on the administrative law enforcement, also fined the penalty of confusion can be avoided. For the purposes of combating crime of infringement of citizens ' personal information, improve the administrative convergence with the criminal sanction system to a greater extent more all-round protection of citizens ' personal information.

The purposes of the criminal law amendment Act, further improved the criminal law criminal legislation protection of citizens ' personal information, however, in judicial practice, there are still some issues of applicable law. Of course, for each type of new crime legislation, the process cannot be done overnight, new problems encountered in the judicial practice, to our penal legislation is a collision, only continuous integration of theory and practice, China's criminal legislation on citizen's personal information can be further improved.

想要了解更多英国留学生新闻或者需要英国论文辅导，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有代写英国Essay、代写paper、代写assignment。在这里，51Due致力于为留学生朋友提供高效优质的留学教育辅导服务，为广大留学生提升写作水平，帮助他们达成学业目标。如果您有论文代写需求，可以咨询我们的客服QQ：800020041。