The Qualitative Analysis Of Changing The Database For Others To Deal With Annual Verification And The Action Of Eliminating The Scores

Modern society is an era of information technology and the computer also appears more and more important. However, with the development of society, the criminal cases that people destroy the computer information system and use a computer to implement various illegal and criminal activities are also increasing. Especially the crime is that the actor uses the computer’s implementation of various opportunistic behaviors to defraud the victim property. Moreover, in recent years, the methods that the person uses computer to implement fraud also present new and diverse characteristics. In recent years, for example, in society there appear many vehicles business intermediary agents. The agents not only bring people convenience but also bring an opportunity to criminals. In the judicial practice there appear large numbers of following conditions: the offender from agents or other intermediaries collects a lot of the owner’s or the driver’s information and charges these people money to do the vehicle’s related business. However, the offender uses computer illegally to delete or modify the public security traffic police department data stored in the computer information system and act illegal annual examination and eliminate illegal integral.In our country, the <<Criminal Law>> made relevant provisions on the crime of swindling and destroying computer information system. The complexity of the specific cases in real life and the existing problems in the judicial interpretation lead to the following results. Without authorization, the offenders remove or modify the data stored in the computer of public security traffic police department. On the theory and practice, great disputes appear about the qualitative analysis of illegally changing the database for others to deal with annual verification and the action of eliminating the scores. Based on this, this paper chooses the fraud and destroying the computer information system of people such as Pang, Si and so on which introduces Pang etc. With adopting the case, the paper uses the research methods of combining theory and practice and comparative analysis and so on to conduct in-depth discussions on the action that the offenders destroy the data stored in the computer of public security traffic police department and illegally deal with annual verification and the action of eliminating the scores, behaviors’ different opinions, summarizes the controversial focus, and launches the related legal theory analysis. Through launching the legal analysis and combining with the discussions about the facts of Pang and the like, With the case study being concluded, at the same time, the relevant problems existing in the legislation and judicial interpretation can be found and related suggestions can be put forward. Expecting that the judicial practice of this kind of behavior can be helped and the progress of the judicial practice can be promoted.The text is divided into the following four parts:The first part is basic situation of the case. In the paper, the cases are introduced. Then, according to the case facts, this paper expounds the three different opinions. Firstly, it concludes that Pang’s crime of destroying computer information system is established; secondly, Pang’s crime of fraud is founded. Thirdly, Pang’s crime of destroying computer information system and fraud are sentenced. Finally, on the basis of three opinions’ differences, the controversial focuses of the case are summed up. Firstly, with the defendant concealing its owners and drivers that he made annual verification illegally, whether the owner and the driver are based on the wrong understanding, they dispose the property. Secondly, the defendants charging the owner’s and the driver’s money and using the computer to implement annual verification illegally and eliminating scores constitute one crime or several crimes.The second part is legal analysis which is the main part of the article. Legal analysis mainly includes the following three aspects of content: the first one is about the legal analysis of fraud which mainly includes the understanding of the actor’s implementing cheating, the understanding of wrong understanding on the victim, the understanding of the victim’s wrong disposition as well as the establishing crime of fraud whether to ask the victim property losses for analysis; the second one is the legal analysis of the problems related to destroying the computer information system crime. It mainly includes the analysis that the perpetrator destroys the data stored in the computer information system and uses the computer to implement other crimes; the third one is legal analysis related to crime number judgment standard and the implicated offender’s relevant problems. It mainly analyzes the criminal law theory about crime number judgment standard that are doctrine based on criminal intention, theory of act, theory of legal right and constitutive requirement doctrine and crime constitution doctrine, and also analyzes concept and characteristics of implicated offenders.The third part is the analysis and conclusion of the case. This part analyzes the content of legal theory, returns to the case about fraud, destroying the computer information system of man Pang, Si etc. and determines the nature of man Pang etc. using computer to implement illegal annual examination and eliminate illegal behaviors. According to the crime of fraud, destroying computer information system and crime number criterion related theory analysis, the behaviors of man Pang etc. constitute the crime of fraud and destroying computer information system crime. Besides, according to the theory analysis of implicated offenders, the behaviors of man Pang etc. constitute crime of fraud and destroying computer information system crime’s implicated offenders.The fourth part is the revelation of case study and the sublimation of the whole paper. From the fraud, destroying the computer information system case, the enlightenment is gained and relevant suggestions are put forward. Increasing the rules of destroying computer information system crime of property punishment should be proposed and using the computer to implement crime related judicial interpretation should be improved.