| Since the later period of the 20th century, the new technologic revolution with the center of information science technology has brought great changes to the world. On one hand, it started the informational times and deeply affected and changed the productive and living pattern of human beings; on the other hand, it also deepened the dependence of social life on information and informational transmission system. The annual rate of increase of the computer criminal case in the range of the world has been about 30 percent since in 1966 the United States firstly prosecuted the computer criminal case, which, has caused unprecedented threaten to the world & put forward new challenge to traditional law. Surveying the legislation concerning the computer of all the countries in the world, it has been a tendency to adopt the criminal means to protect the security of computer information system. The criminal law of our nation also gives prescription to the special article of computer crime, thus providing the legal accordance to the punishment of computer crime by means of penalty. However, compared with the legislation & judicature of those developed countries and looked form the tendency of the development of computer, our nation still has a certain distance in the aspect of protection in the computer criminal law. So, here, connecting with the judicatory practice, I would like to talk about my own opinion at the point of criminal legislation of our computer crime & put forward some suggestion about perfecting the legislation of our nation computer criminal protecting.The whole essay is divided into four parts and contains as much as 32,000 words.The first part is the summarization of criminal legislation of computer crime.The legal implication of the computer crime in our country is clarified by means of comparison between those of abroad and at home. And with the help of the criminal legislation toward the computer crime in some countries & districts of the world, it has become the developing tendency for criminal legislation in all countries to protect computer information system by means of criminal law. Connecting with precedents, it's illustrated that the add of the content of computer crime in 97 statute book is the token of our computer information system stepping from criminal law protection to legal system, and the prescription about computer crime in the criminal law is expounded at the same time.The second part is dividing line of computer crime.The computer crime of our country contains two general categories, one is to take computer as criminal object & the other is to take computer as criminal means. Starting with the analysis of category of computer crime prescribed by the law, this part elaborates the criminal composition of computer crime systematically & illustrates the computer crime sanctioned by our criminal law. In addition, through the judicatory practice applicable to the No. 287 article in criminal law, the imperfection of this prescription is pointed out & any own opinion is put forward about how to revise.The third part is the analysis of difficulty in the limits of computer crime.First is about the question of "severe consequence". "Severe consequence" is the essential condition to constitute the No.286 article in criminal law, "crime of destroying computer information system", which, arouses many argumentation in judicatory practice & makes some people, who have carried out some action severely harmful to the society, get off scat-free. By some typical cases, I set forth my own opinion. I maintain that the prescription to take "severe consequence" as the essential condition should be canceled in the 3rd item of No. 286 article in the criminal law, and it can be defined as crime as by in the action of manufacturer & spreading computer virus is carried out. So far as the first & second items of the No. 286 article in criminal law are concerned, explicit judicatory explanation about "severe consequence" should be given & the explanation should neither ex...
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