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BEIJING, April 12 (Xinhuanet) -- A local court in
Beijing recently set up a workgroup to deal with cases associated with the
Internet as an effort to probe into the legal issues relating to cyberspace.
"The main reason for our action is not because we are inspired by the movie "Matrix" but because Internet crime has
turned out to be an increasingly serious problem," said Li Dongmin, a seasoned
judge of the People's Court of Haidian, which is in the Zhongguancun area, known
as "China's silicon valley".
Li said cyberspace suitcases have been growing at an
unbelievable speed. In 1986, China reported only nine such cases and in 2002
over 4,500 were on the record.
"So the workgroup is one of the resolutions to
investigate high-tech law breaches and crimes," said Ma Xiurong, a judge with
the workgroup, which is made up of less then 10 experienced judges.
Ma heard a case last month, in which an Internet game
player sued a host company because his bonus and equipment in the game was
stolen. The player's request for economic compensation was supported by the
court.
"The player paid time and money for the bonus and
equipment, even though they are virtual, and they are valuable to him, so he has
the right to claim compensation," Ma said.
She said the bonus, equipment and accounts of some
hot Internetgames are very popular in the underground market and turn out to be
targets for master computer game players.
However, the owners usually can do nothing about the
cases because their belongings in cyberspace are not normally consideredas real
possessions. Furthermore, there is still no special law toprotect virtual
properties.
"We do have general laws to treat Internet crimes but
the Internet application is developing and changing very fast usually beyond the
prescription of laws," said Ma, adding that one of the missions of the workgroup
was to probe into this field, providing sample cases for lawmaking and hearings.
In 2000, the Standing Committee of the National
People's Congress, China's top legislature, approved a bill on maintaining the
safety of Internet. The bill and the nation's criminal code, which was amended
in 1997, are the two laws that deal with Internet crimes.
Two laws are far from enough even though some
government departments have issued regulations to rectify Internet application,
said Shou Bu, law professor with Shanghai Jiaotong University.
The current laws and regulations cannot include all
the situations on the Internet, which is changing everyday, and so thecourts
find it difficult to hear cases, the professor said.
According to Prof. Shou, Internet crime had been
thought of as computer-based that could only be conducted by high-tech masters.
As a result the laws focused on protection of computer hardware, operating
systems and communication related to safety of main data-bases, national
security and other issues.
But now there is almost no secret to committing
crimes on the Internet and one person can easily get directions from the
networkif he wants to steal other people's passwords. "It's easy and is
happening every moment," he said.
Lawmakers and legal bodies should be flexible and
frequently updated if they want to effectively control Internet crime, he said.
Statistics indicate that among all kinds of Internet
crimes in the world, only one percent is discovered and just four percent
ofthose will be investigated by police.
China now has over 80 million Internet users, the
second largest group in the world, just next to the United States. In 2003 the
transaction value of e-commerce in China hit 60 billion U.S. dollars. Enditem
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