| The wide use of computer network brings a lot of convenience to people's work and life. But each coin has two sides, along with the development of computer network, new types of crime also appeared. People suffered in harm from the new crimes while they enjoy the convenience of computer network. In order to fight with these crimes and guarantee the fundamental uses of computer network, the criminal law of China shows specific legislation for relative problems about network crimes.This paper selects one of the new crimes which called "the trespass on computer information system crime" to discuss as follows and hope to do some help for legislative and judicial practice.This paper is divided into 4 chapters.The first part is mainly talking about crime objects which trespass computer information system illegally. According to the analysis to foreign criminal object regulation, this paper holds an idea that there would be some problems about our country's criminal object regulation at present. Firstly, the concept of computer information systems has to be redefined. As this paper consideration, it should include not only human-computer interaction system but also man-machine interactive systems and needs to make clear meanings for the three kinds of computer information systems at the same time. Secondly, the provisions concerning criminal object is narrow which has to add the parts about essential economic construction area and social security system. This paper clarifies that the single system can be object of this crime.Part two is related to criminal behavior analysis. At first, according to the understanding about trespassing illegally, the paper believes that action of trespassing illegally should be the person who is beyond scope of license or without permission enters the computer information system by various ways. However, the person can just enter but not do operations. Secondly, the paper takes the behaviors after trespassing to analyze. Because of the trespassing does not have any other purposes, the determination for categories of sin will depend on actions after trespassing and time for intention to the actions.The third one is to analyze stop forms for this crime. Above all, it is necessary to clarify that this crime is behavioral offence. Secondly, this paper argues that there is no preparation actions for stop forms of the crime but only have the two sorts, uncommitted and stop. The attempt for the crime refers to the time for the person who uses various means to touch computer information system and detect computer network.The final part is to analyze criminal jurisdiction. This paper considers that criminal jurisdiction for the crime is discussed in whole computer network environment but not to study specifically at present. Therefore, the author thinks that we need to strengthen international cooperation firstly so as to solve the problems of criminal jurisdiction and do better in the fight against crime. And secondly, we will also take territoriality principle of jurisdiction and use it properly. |
