Research Of The Problems Of The Judicial Determination And Legislative Perfection Of Crime Of Illegally Breaking Into Computer Information System

Now theoretical circles penetrate into insufficiently the research on crime of illegally breaking into computer information system yet, and there are much problems not to be acquired unitary knowledge in judicial practice, as a result not only in theory but also on practice there are some problems which deserve to be researched and probed into further on crime of illegally breaking into computer information system. Accordingly, the text tries to study the judicial determination in the subject, fault, invasion, target, direct object, attempt and accomplishment of the crime, and study concerned legislative perfection reasoningly. In the text, I proposed some opinion. The subject of the crime is general subject but not special subject. Negligence is not the component of the crime. I brought forward that "Invasion" is an act that someone adoping breaking codes, filching, poking, cheating of secret passwords and so on lands at the computer information system in the given field without the legal warrant or the authorizing of the relevant authoritative competent departments of country or intercepts data. Treating computer information system as a whole, software, hardware and information as component parts of computer information system may become the target of the crime, but the employees of computer information system and the applied environment can not become the target of the crime in whatever condition. The crime's direct object is the security of the computer information system in the given fields. There is attempt in the crime, and landing at the legal relevant computer information system is the distinguishing criterion of the attempt and accomplishment of the crime. At the aspect of the subject of the crime we should endow unitwith the subject qualification of the crime, and at the aspect of the range of the target of the crime we should fit the computer information system in the field of "social security" into the range of the crime.