The Crime Of Illegal Access To Computer Information System Data And Illegal Control Of Computer Information Systems

The crime of illegal access to computer information system data and illegal control of the computer information systems was added to "Criminal Law Amendment (7)" of the first provision of Article 285 promulgated in 2009, which making the fight against the increasingly variety computer and cyber crime on new legal basis. However, due to the amendment was published shortly after the crime occured, it is not enough in-depth theoretical studies, has no uniform standard in judicial practice and is lack of maneuverability.In the current paper, the following four aspects were demonstrated and analyzed by combining the theory of criminal law and its rules:the meaning and the importance of legislation, crime constitution, judicial identification and legislative improvement, and gave advice and opinion on problems in the legislation.The first part of this article was initiated by introducing the Criminal Law Amendment (7) of the legislative response to the development of computer networks and the emergence of computer networks crime, namely, the basic content of the crime, and explained the meaning of their legislation from both the legal interest and the legal value. The second part was in-depth analysis of objective and subjective elements of the crime, in whichâ… proposed the age of criminal responsibility can be reduced properly and other points of view. In the third part, the crime and non-crime of the crime, the difference from illegal trespassing computer information systems, destruction of computer information systems, theft and so on, the number of crimes and other issues were discussed. The fourth part focused on existence of flaws in the legislation for the crime, and made legislative proposals of an additional crime unit, reducing crime age of criminal responsibility of natural persons, additional qualification penalty, coordinating the standards of the punishment fitting the crime and so on, to meet the needs of future judicial practice, which was also expected to be helpful to criminal justice and criminal legislation.