The Research On The Crime Of Destroying Computer-Information-System

The produce and popularization of the computer have brought formidable urge for the social development. Since 1990s, the computer has penetrated into national defence,scientific research,administration and commercial corporation. The computer and internet have changed the style of living and work. But with that development is the problem of computer crime, of which the representative and more harmful is the crime of destroying computer information systems. Now, the increasing rate of this crime is egregious. The more develop of informationization, the higher crime rate of destroying computer information system. The popularization of computer reaches a high level, so, how to control the computer crime through legislation has became urgent affairs.Our criminal law has two terms on computer crime, 286th article is destroying computer information system crime. Those proved that our legislation has some consciousness on the harm of this crime, but at the some time, we should have clear understood that destroying computer information system crime is a new kinds of crime. We should have the characteristic of quick levity when dealing with it and integrate other country's experience such as U.S.,France,Germany who have special law for this kinds of crime. This article begin with distinguish of destroying computer information system, with the reason of illegibility between destroying computer information system and using computer for crime which is bad for solving the practice problem. Through the compare with legislation abroad, we conclude the successful experience that we can learn. This article consist of the crime element theory,crime estate,together-crime, crime amount and legal character, Through analysis conclude that we should reduce legal age of the natural person who construct this crime, the legal person also may construct this crime, the error also may construct this crime, we must build the property punishment and the qualifications punishment. In the correlation lawsuit system we should establish a special institution for solving the jurisdiction problem and the oblige report system. At last, I give some suggestions about against destroying computer information system crime.