A Comparative Study of Cybercrime in Criminal Law

China, US, England, Singapore and the Council of Europe

By Qianyun Wang

The development of information technology provides new opportunities for crimes. Firstly, it facilitates traditional crimes, such as fraud, and secondly, it breeds new crimes, such as hacking. The traditional crimes facilitated by information technology and the new crimes bred by it are the cybercrimes discussed here. To regulate cybercrime, legal regimes have developed countermeasures in the field of criminal law at different levels. At the national level, China, the United States, England, and Singapore have all undergone reforms to adapt their criminal law. At the international level, the Council of Europe has drafted the Convention on Cybercrime and opened it for signatures. However, still commonly committed cybercrimes, such as DDoS attacks and online fraud, indicates the insufficiency of these countermeasures. In this background, this book intends to answer the research question: how can criminal law be adapted to regulate cybercrime? By using doctrinal research and comparative study, this book explores and analyzes the approaches of cybercrime legislations in the selected five legal regimes, both in the past and in the present. Secondly, it compares the different approaches and draws conclusions with respect to the following aspects: Aspect 1: Do we need a cyber-specific legislation to regulate cybercrime? Aspect 2: If we do need a specific legislation, what approaches are more systematic for it? Aspect 3: What principles are sufficient and appropriate to determine jurisdiction over cybercrime? And Aspect 4: What is the function of the Convention on Cybercrime in shaping appropriate legislation against cybercrime? Dissertation [Subject: Criminal Law, Cybercrime]

Publication Date: 1/1/2017
Format: Paper
ISBN: 9789462403451

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