On The Behavior Of The Illegal Breaking Into The Computer Information System In The Criminal Law

The behavior of illegal breaking into the computer information system in criminal law in the leading way of act in computer crimes, and it is also the key content in the research of computer crimes. Based on the literature meaning of the behavior of illegally breaking into the computer information system and connect with the academic opinions from various countries, the behavior of illegally breaking into the computer information system in criminal law should be defined as following, without legal permission but intentionally accessing the entirety or any parts of the computer information system, which is used in national affairs, national defense construction and the area of top science and technology.When analyzing the components of the behavior of illegally breaking into the computer information system, we should begin with the ways and the objects of that behavior, which are the two main aspects. The behavior of illegally breaking into the computer information system can be logically divided into initiatively breaking and passively breaking. Initiatively breaking mainly includes pretending to be legal users, technology attacks and attacks made by making use of bugs; passively breaking mainly includes two ways, which are phishing invasion and malicious software invasion. The object of the behavior of illegally breaking into the computer information system is the computer information system, while the object in the behavior of illegally breaking into the computer information system in criminal law is restricted in the computer information system, which is used in national affairs, national defense construction and the area of top science and technology.There are often many disagreements on whether the behavior of illegally breaking into the computer information system commits a crime in the legal practice, the main reason is that they mixed the behavior of illegally breaking into the computer information system with the related behaviors. The demarcation between the behavior of illegally breaking into the computer information system and generally illegal breaking is that they have different object areas; the demarcations between the behavior of illegally breaking into the computer information system and other criminalities are that their objects and the factors of whether it commits a crime. However, they do have coincidences on behaviors; when the behavior of illegally breaking into the computer information system and the behavior of making use of the computer are successions and enjoy the same purpose, their relationship turns into means behavior and purpose of behavior.