On The Illegal Invasion Of Computer Information System And Its Legislation

In recent years, the illegal invasion of computer information system in the case ofdomestic and foreign have occurred, the serious social harm is also more and moreattention of the international community. Just as some lawyers said:"the main formof information crimes will be mainly computer crime." The illegal invasion ofcomputer information system is a new type of crime with the development ofcomputer information technology and produce, different from the traditional crime,we must also take into account the criminal law theory and computer expertise inresearch of this kind of computer crime. Because of the lag of law of constant changeand development and computer crime, criminal law of our country about computercrime provisions relative is not quite perfect, there is some difficulty we deal withpractical issues. In China, computer crime occur over a relatively short period of time,China is also gradually in-depth stage for the study of academic computer crime.The illegal invasion of computer information system is a new type of crime whichappears with the development of computer information technology, computer scienceand technology change rapidly, also determines the specific computer informationsystem as the object of the crime of illegal invasion of computer information systemthere are various in the judicial practice, especially in the crime the main method ofcrime, crime, etc.. At present, our understanding of this crime is still in the stage ofrelatively simple, in the judicial practice, also often used illegal invasion of computerinformation system exist doubts and difficulties phenomenon. The author in thisthesis, trying to do a simple discussion and Research on illegal invasion of computerinformation system to their own views, put forward their own views and opinions oncontroversial place, eventually expect to judicial practice and legislation of the crimeof perfect help.First of all, we should correctly understand the concept of illegal invasion ofcomputer information system, the so-called "illegal invasion of computer informationsystem", is a violation of the provisions of the state, the computer information systeminto national affairs, national defense construction, advanced science and technology in the fields of behavior."In violation of state regulations" in the "nationalregulations" the relevant provisions of the state refers to computer security, computerinformation system is a man-machine interactive system by the computer softwareand hardware cross combination.Secondly, the "four elements" of illegal invasion of computer information system, weneed to pay attention to the following questions: first, in the crime: foreigners guiltyof this crime, the author think should be based on the principle of territorialjurisdiction shall be convicted and punished, but not to protect the principle ofconviction and punishment; the full14years of age under16years of age minors tocommit "trespass" behavior, according to the existing provisions, does not constitute acrime, the author believes that, in such circumstances, the consequences are serious,can be considered to constitute a crime, criminal law to adjust expectations. Two, thesubjective aspect of crime: crime can only be direct intention, not indirect intentionand negligence. Three, the objective aspect of crime:"illegal" meaning from theoriginal "in violation of the provisions of" evolved into the "unauthorized", the finalrevised as "in violation of state regulations", shows that China’s criminal law "illegal"requirements and define more and more strict;"intrusive" behavior from the angle ofcomputer technology is divided into "hardware invasion","software," invasion "ofhuman invasion", the criminal law of China that "invasion" only refers to "humanintrusion behavior"."Includes human invasion" behavior: fake, fake login interface,use "Troy" Trojan invasion, using "trap door" invasion.Thirdly, illegal invasion of computer information system in the discussion, as therepresentative of civil law in Japan and Taiwan region as well as the Anglo-Americanlaw system of the United States of America, its legislation or theory that related tothis crime, criminal legislation of our country also has the reference value.Finally, in the judicial practice of this crime, for many problems, may lead to lack ofcriminal law protection of computer information system security. Aiming at theseproblems in the judicial practice, put forward the following suggestions: first, toexpand the criminal object of the crime; two, will expand the subject of the crime tothe natural person and unit; three, increase the legal punishment of the crime, and theprovisions of the appropriate property penalty and freedom penalty; four, put forward two proposals in order to solve the crime criminal jurisdiction disputes.