Analysis Of The Crime Of Destruction Of Computer Information System(s)

With the development of computer and Internet technology, there have been increasing new criminal acts conducted using computer and Internet technology. There should be a new understanding and interpretation of Criminal law provisions on the criminal use of computer and Internet technology. Meanwhile, the modesty spirit and human rights protection function of the Criminal law require accurate determination of whether or not certain behavior is an offence under the Criminal law, in order to ensure protection of the rights of citizens. Therefore, there are many different points of view on whether or not many new computer and Internet technology conducts are offences under the Criminal law. In this paper, "the first" software case is used as the example, and it focused on the focus of controversy in this case, discussed whether or not the act to increase website traffic is an offence under the Crime of Destruction of Computer Information System(s), deliberated the stipulation under the Crime of Destruction of Computer Information System(s) and the operation of Baidu search engine, and based on the above, analysed others' viewpoints on this case, and then summed up whether or not the act to increase website traffic interfered with the functions of Baidu Search engine.This thesis consists of four parts.Part I: case analysis. Basic introduction of "the first" software case and the findings of the court in the case.Part II: the focus of controversy. Basic introduction of the viewpoints “the first" software case which are in dispute.Part three: theoretical discussions. Detailed discussion of theories involved in “the first" software case. This section includes analysis and researches in three areas: the identification of the crime of Destruction of Computer Information System, the analysis of the operations of the Baidu search engine, and the discussion of whether the act to increase website traffic is Crime of Destruction of Computer Information Systems.The determination of the crime of Destruction of Computer Information System. It mainly discussed the legal interest protected by the Crime of Destruction of Computer Information system, the extent of the Crime of Destruction of Computer Information system stipulated by the State, the extent of Computer Information system in the Crime of Destruction of Computer Information system, the determination of interference action in the Crime of Destruction of Computer Information system and the understanding of unable to function normally and severe consequences in the Crime of Destruction of Computer Information system.Baidu search engine. It mainly discussed Baidu search engine operating mode of web search, keyword search results, free-of-charge keyword search result ranking, the correlation coefficient of website and keyword, weighting coefficients of websites on the Internet and website traffic.The discussion of whether the act to increase website traffic is a crime of Destruction of Computer Information Systems. It mainly discussed ways to increase website traffic and whether or not to increase website traffic is an interference to the normal operations of the Baidu search engine.Part IV: Conclusion. Proposed a new understanding of determination of legal facts of "the first" software based on theoretical discussions, and thereby pointed out areas require attention in the analysis of other relevant cases.