A Study On The Constitution Of The Crime Of Destroying A Computer System

Crime of destruction of Article No. 286 of the criminal law of China computer information system, as the article itself is about a high-tech crime, it hasbeen controversial. At the same time was scholars study as a computer crime and cybercrime. On charges of crimes of this appellation also has a variety of views, in 1997 when a new criminal law just enacted, most scholars tend to a crime of offence– the destruction of computer information system (in this title is also used in this article), there are two offences that, but after a dozen years, many scholars have found it as three charges.On the theory of the object and the object of the crime, has a lot of ideas in the field of criminal law, in General can be divided into two categories, is a composite of the first kind said, the second is a single said. In this two-class theory, specific representations and respectively. On the objective aspects of crime, starting with "violation of State regulations" which is the main means of State began, and analysis "in violation of State regulations" is required to be retained? Second analysis whether this crime includes omission. In computer-related crime, the vast majority of all hazards are as, and some are not in practice. Provisions concerning crimes against the results in this crime, most scholars are committed the crime as a result, crimes in this article, you will on this three paragraphs discuss the possibility of dangerous criminals. On method of criminal means, some scholars believe that "change" includes "delete" and "increase", it only specifies "modify", "modify" and connotations of "delete" and "increase" within the meaning of the text is a crossover, and is a big difference in computer terminology. At the same time uncertainty of when and whereof crime has affected on the conviction of the crime.On problems of crime of this subject. With the popularity of computer network technology, makes a minor destruction of a substantial increase in the phenomenon of computer information systems, "computer whiz" crime emerge, serious harmful consequences. These perpetrators of low age often cannot be based on criminal law to punish them, bad influence, and on other easy to form a minor offensive-oriented. In particular some teenagers also about cybercrime, face the younger age of computer crimes, do I need to reduce this crime is the minimum age of criminal responsibility of legal workers are concerned about the problem, because it also involved the issue of juvenile protection. Second, units, organizations or social groups can be the subject of legal persons.With the development of society, there has been, corporate and public organizations implement damage behavior of computer information system, but because there is no similar provision in the criminal law of China, it is difficult to make it subject to criminal penalties. On the subjective aspect of the crime. Generally, the subjective aspect of the crime of intention, what about the question of whether the crime of criminal negligence? In this article will be carried out through a case analysis on the possibility of criminal negligence.