Study On The Crime Of Illegally Gains Data In The Computer System

· The development of information technology in the third revolution in sci-tech changes our culture greatly, not only promotes the reform in economy and politics, also affects the way of people’s thought and life style. However, variety of new-type crimes relying on information technology comes out too. The crime of illegally gains data in the computer system is a new kind of charge of endangering the computer system’s safety from the criminal law, for dealing with the new prominent computer crimes. The criminal law identifies the activities infringed the data which has property quality in the computer system to be illegal, and set a provision of pecuniary penalty except the freedom penalty for the crime of illegally accesses into computer system, according with the trend of soft penalty of criminal law. This paper is based on fundamental theory of criminal law, with referencing both domestic and overseas legislations and judicial experiences, to study on the tatbestand, judicial determination, and penalty configuration of the crime of illegally gains data in the computer system, with the hope of proposing some appropriate solutions for solving the problems in judicial practice.· The paper is divided into four parts, to the brief introduction:· The first part of this paper is belong to introduction. This part is mainly to introduce the background of this crime and the related concept. The content includes the background and the present situation to the research of the crime of illegally gains data in the computer system in our country, and compares them with other countries, such as USA, UK. Germany. Japan, and Singapore. · The second part is mainly to analyze the tatbestand of this crime, including objective respect and the subjective aspect, like the understanding of the "in violation of state regulations", the definition of "information in computer system", the criminal pattern, how to count the "economic damage",etc.· The third part is about problems of this crime in judicial practice activities, including the analysis of case, which shows the difference in setting criminal penalty between before and after the new provision came out. The comparison of this crime and other related crimes, and the unfinished form of this crime are also discussed in this part.· The fourth part is mainly to propose some feasible solutions to solving the problems existed, like in allusion to the instance of blank area of legislation about the "other means" to getting the data in the computer system; we could consider to solve the problem in the way of explanation. And, simple freedom penalty or pecuniary penalty is not enough to effectively prevent this crime from recurrence; we could add some certain qualifications punishments to deal with it.