On Computer Crime

The development of computer technology facilitates the the human civilization greatly, but it's a two-blade sword as many kinds of technologies appeared in the long river of human history, giving birth to a new crime -computer crime at the same time . Because there are many disputes on concept of crime ,constitution of crime and accusation defining of computer crime in criminal circle , it is necessary to explore it in order to contribute to the perfection of criminal law and judicial practice.There are four sections in this thesis :The first section : This thesis studies the definition of computer in light of computer science in the first place , analyzing many views and theories on the concept of computer crime existed in the criminal circle secondly, then pointing out their advantages and disadvantages. Finally, the author think that there should be a correct analysis and evaluation on the position of computer in crime before defining the computer crime reasonably. Based on this point that computer is not only instrument of crime but also object of crime in computer crime , the author think that computer crime is a kind of criminal behavior the offender endanger the safety of computer information system through illegal computer operation . Besides, this thesis expounds some characteristics of computer crime that distinguish itself from traditional crimes in terms of criminology.The second section : This thesis introduces principally the legislation of computer crime in the developed countries ,for example , America , Britain , France , Russia and Japan, and points out that our country's criminal legislation on computer crime has many flaws that do not conform to the demand of beating computer crime effectively.The third section : This thesis discusses mainly crime of illegal invading computer information system and crime of destroying computer information system prescribed in clause 285 and 286 of Chinese Criminal Law. With respect to crime of illegal invading computer information system , the author think that it is enough for single invading behavior to construct crime ,not including browsing behavior ,and that the standard of distinguishing between accomplished and unaccomplished offense is whether the offender' invading behavior breakthrough or bypass the security protecting mechanism of computer information system .With regard to crime of destroying computer information system ,the author think that the three criminal behaviors prescribed in clause 286 in criminal law have difference on criminal premiss, criminal behavior, target of crime and accusation structure , so this clause includes three crimes as a matter of fact :crime of destroying computer information system's function .crime of destroying computer information system's data or application program ,crime of spreading damaging program including computer virus. As to the punishment, the author think that property penalty and qualification penalty should -be established according to the specialities of computer crime.The forth section : The author believes that preventing and harnessing computer crime is a sophisticated system engineering , which depends on not only perfecting and right application of criminal law,, but also carrying out of reasonable political, economic and cultural policies.