On Illegal Intrusion Into The Computer Information System

Crime of Intrusion into Computer Information System (hereunder abbreviated as CICIS) is a new type of crime accompanied with the internet era. The intellective of such crimes leads to the combinations of the common criminal theory and the special knowledge of computer in studying it. Lack of any one of them may lead to the meagre discussion and the biased determination of its nature. For this reason, the theoretical study on the CICIS is still not enough. Therefore, the further theoretical study and discussion on it undoubtedly has great significance in the proper determination of its nature and the reasonable measurement of its penalty. This paper takes the CICIS as its object of study, and systematically discusses a series of problems of the crime in theory and practice. The paper has four parts.The first part mainly discusses the constitution of crime about the CICIS. About the criminal object, firstly points out that the criminal object of the crime is the complicated object, the national safety management order in computer information system, the national secrecy regulation, and the normal acts of the national affairs, the national defence construction and the advanced technology. Then the author points out the target of the action of the crime can only be the computer information system within the below fields: the national affairs, the national defence construction and the advanced technology. In the objective characteristics of crime, the author probes deeply into the proper meanings of two words in the crime name; illegal and intrusion, and discusses in detail the target and method of the intrusion. In the subject characteristics of crime, the author mainly discusses two contentions issues regarding whether a unit can be the subject of the crime and the criminal liability of foreigners' execution of such dangerous action. In the subjective characteristics of crime, the original purpose of the crime is analyzed in detail, and the author also gives his opinion on whether a person can offend the crime if he is negligent in his act.The second part mainly studies the determination of the subsequent act of illegal intrusion of computer information system. It is rare that the doer did not do nothingafter he illegally intruded the computer information system. Some subsequent acts were always made by them. Therefore, the author makes a deeper discussion on three aspects: the determination of the act of stealing secrecy; the determination of the act of destroying the functions of the computer information system; and the determination of the act of illegal transfer.The third part discusses the judicial determination of the CICIS. Begining with the dividing line between the crime and the noncrime, the author states three standards between the crime and other crimes that are made by utilizing computer. The author also discusses the issue of the attempt of the crime and points out that the crime is a behavioral offense, so only the unaccomplished crime is existed, and the discontinued crime and the preparatory crime not existed.The fourth part discusses the perfection of legislation on the CICIS. In the part, the author firstly introduces the general legislation of the western countries and makes comparisons among them. Then discussing the dlegistation defects of our country. The author puts forward the suggestion on legal perfection regarding the definition of the intruded target, the extension of the criminal subject, and the determination of statutory sentence.