What are the principles that define the concept of computer crime
1. Define the concept of computer crime from a criminological perspective
(1) The main purpose of defining computer crime in criminology is to facilitate the The study of crime enables people to have a common starting point for the study of computer crime in order to analyze the causes and conditions for its development and explore various prevention and control measures. On the other hand, it can also provide reference for criminal legislation.
(2) Criminology standards for defining computer crime
1) Harmful principle. This type of behavior (that is, computer-related behavior) has serious social harm. This is the premise for any type of criminal behavior to be included in the concept of crime in criminology.
2) Similar principle. Such behaviors must be related to computers, and this correlation makes them unique in terms of behavior, harmful social relationships, etc.They have many common characteristics, so it is necessary to study them as the same type of crime.
3) Comprehensive principle. Computers in criminology should include as much as possible all similar acts to ensure that the scope of the concept is reasonably comprehensive.
2. Define the concept of computer crime from the perspective of criminal law
(1) The purpose of defining computer crimes in criminal law: to grasp the characteristics and laws of such crimes, promote the improvement of criminal legislation and the implementation of criminal justice, and effectively curb the occurrence of such crimes.
(2) Standards for defining computer crimes in criminal law
The criteria for defining computer crimes in criminal law are in addition to criminology In addition to being harmful, similar and comprehensive, it must also comply with the following two principles:
1) Legal principle. Criminal law is a normative science, and it conducts research based on the relevant provisions of criminal law.
2) Principle of distinction. The concept of computer crime in criminal law must be able to distinguish this new type of crime from traditional crime.
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