Research On The Crime Of Ilegal Accessing Computer Information System Data, Illegal Control Computer Information System

The computer crime generally fall into the computer as its object crime and using a computer as the tool of crime,article 285 and article 286 in our country "criminal law" stipulated trespassed respectively sin and destroy computer information system of computer information systems, these two kinds of crime sin is relatively typical computer as its object, and the crime by computer as the tool is the crime committed by involvement in the criminal law theory or implied to resolve legal applicability.Science and technology is a double edged sword, it gives people the life more convenient, but also constantly by various born with technical progress of crime problem. So is the development of the computer science. Along with the computer information system of hazards of information security cases occur repeatedly, common information system security problem finally entered the punishment law field of vision. Can say, because of various threatening computer information system safety risk behaviors occur repeatedly just spawned the amendment of criminal law (7) of article 9 is also discussed in this paper, the "illegal accessing computer information system data, illegal control computer information system of sin".This paper is divided into four parts, simple introduction:The first part belong to this overview, this part is the key to discuss in the background of this crime and the concept of this crime. Contents include information security crime situation, and through the countries' legislation for offences countermeasures put forward concept to determine.The second part discussed what does this crime consist of . As the objective aspect, mainly involves several problems,the understanding of "in violation of state regulations ", the behavior way, and the harm result and causality ; The subjective aspect involved whether include unit, whether it is necessary and criminal purpose indirect intentional and negligence may constitute a crime, whether such problems. The third part involves its concrete determination problem. Related offences including comparative, unfinished form with the existence range joint crime problem, and which is abhorrent to form and joint crime for key points of discussion. In discussing unfinished, form from the division of misdemeanor perspective with felony of different legal punishment extent discussed respectively.The fourth part is the overall evaluation of this amendment and computer data protection experience for reference from Europe .