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Article . 2016
License: CC BY NC SA
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Article . 2016
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Regulation Of Cyber Space: An Analysis Of Chinese Law On Cyber Crime

Authors: Li, Xingan;

Regulation Of Cyber Space: An Analysis Of Chinese Law On Cyber Crime

Abstract

{"references": ["China Internet Network Information Center. (2015). 35th Statistical Survey Report on the Internet Development in China, Beijing: China Internet Network Information Center.", "Clarke, D. (1999). Private Enforcement of Intellectual Property Rights in China. Intellectual Property Rights in China: Evolving Business and Legal Frameworks, 10(2), National Bureau of Research Analysis.", "Franda, M. (2002). Launching Into Cyberspace: Internet Development and Politics in Five World Regions, London: Lynne Rienner Publishers.", "Huang, Z., & Chen, X. (2005). The Defects of Criminal Law Regulation and Theoretical Reaction to Computer Crime. Jianghai Xuekan, 3, 112-118.", "Kim, M. W. (1997). How Countries Handle Computer Crime. Ethics and Law on the Electronic Frontier, Fall 1997.", "Li, X. (1992). A Study on the Application of Criminal Law to Computer Crime, China University of Political Science and Law Graduate Law Review.", "Li, X. (2008). Cyber crime and Deterrence: Networking Legal Systems in the Networked Information Society. Turku, Finland: University of Turku.", "Li, X. (2009). Social Order in Cyberspace. Hyderabad, India: ICFAI University Press.", "Li, X. (2014). Zhongguo Falv Zhidu Daolun (An Introduction to Chinese Legal System). Turku, Finland: Informyth.", "Li, X. (2015). Chinese Legal System: A Way Forward. In X. Li (ed.), Selected Readings in Chinese Legal System (pp. xvii-xx). Turku, Finland: Informyth.", "The National Computer Network Emergency Response Technical Team/Coordination Center of China (known as CNCERT or CNCERT/CC). (2014). Report on China Internet Network Security 2013. Beijing: CNCERT/CC"]}

Since the advent of the network era, different countries adopted different stance on maintaining social order in cyber space; soft, strong, or medium. In China, as in some other countries in the same group, a tough approach has been taken from the beginning. The purpose of this article is, by studying a series of legal actions against cyber crime, to explore in to the Chinese model of regulation of cyber space. In order to exercise control over the Internet, China has implemented statutory laws and administrative regulations revolving activity criminalizing, content filtering and user monitoring so as to maintain security and stability at both community and state levels. A tight legal and regulatory network has gradually weaved through recruitment of cyber police, investment on security technology, regulations on communications enterprises, and surveillance over users. Regardless of critics, this model was proved to have the merits of effectiveness in the specific socio-legal context in a short term.

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Keywords

Chinese Law, Cyber crime, Criminalization, Regulation of Cyberspace.

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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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