Research On The Crime Of Destroying Computer Information System

With the rapid development of economy in our country, the process of popularization of computers in China are extremely fast,from the initial single black and white text input interface to the current multi-tasking ? multi-color and multi-window user interface,people feel that the time changes too fast?Now the computer has penetrated into all fields of human life,greatly promoted development of the society?But followed by problems of computer crime have become a social hidden trouble?It must be carried out in-depth study and discussion of this issue,in order to better meet the challenges of a new era has brought?This article analyzes the problems of the crime of destroying computer information system with four chapters from the perspective of criminal law and the computer knowledge,combined with domestic and foreign present situation of computer crime?The first chapter outlines the crime of destroying computer information systems?It introduces crime of destruction of computer information systems' s legislative history at home and abroad, includes the concept, features and other criminal elements?Currently the legislation abroad,whether from the legal or judicial practice on the degree of perfection are high,it is worthy of our reference?The second chapter analyzes target of the crime of destroying computer information system?It analyzes the objective requirements of the crime of computer information system starts from the spirit of the relevant legislation and the provisions of the Criminal Code,but also from the engineering point of view to analyze whether the hardware and software should be included in a controversial criminal target?The third chapter analyzes the crime of destroying computer information system's objective elements?First,it resolves three kinds of crime types of the crime of destruction of computer information systems ? Second, it analyzes the serious consequences?The forth chapter analyzes the judicial determination of the crime of destroying computer information system? By comparing with several charges of this crime that easily confused to distinguish the crime and the innocence;by analyzing the related charges,outline the crime more clearly;by analyzing crime number state,make the overlap of articles of law in practice more clear;by studying the related electronic evidence,understanding the difficulties of this crime in judicial practice?Conclusion?...