Some Problems Of Computer Information System Destruction

With the increasing cyber criminals, more and more wide influential casesappeared. Therefor, more laws against the protection of network systems and personalinformation are promulgated in a row which embodied that our country is continuallystrengthening the protection of the network information. The newly promulgatedjudicial interpretations not only replenish the basic conception of The Crime ofDestroy Network Information Systems, from Code286of the Criminal Law, but alsospecify the conviction standard, yet, there are some specific judicature recognitionsstill can be discussed.This article is divided into three parts. First is the summarize and analysis of thedomestic and oversea legislations regarding the relevant computer informationsystems, in order to contrast the differences of legislations between Chinese andwestern countries. Second is the four most debatable questions exist in the theoreticalcycle which is the most important part of this article, they are “The ObjectiveStandards”,“How to define guilty or not”,“The identify problem of XX and XX” and“The Analysis about One Crime and Several Crimes”. To embody the latestachievements and views that legal theoretical cycle newly achieved by the rapiddevelopment of computer internet technology, we make a discussion based on thewell-known cases happened during the past two years. In allusion to the debatablequestions, the Third part is the suggestions about how to perfect the The Crime ofDestroy Network Information Systems.