An Analysis Report On The Case Of Zhang And Du Et Al’s Offering Invasion Of Computer Information System Program And Stealing

The appearance of emerging information technologies including internet plus technology,cloud computing technology,intelligent wearable technology and internet of things technology enables the structural transformation of double society where traditional society coexists with the formative network society.Technology is a double sword.On one hand,it brings us quite a few convenience in our daily life.On the other hand,it provides people who commit crimes with new areas of criminal activities.The hazards of network criminal act bears the characteristic of obviously chain reactions.The internet has been ever increasingly penetrated into the common each one’s production and life practice,thus more and more social interests are contained in it.When the issues of joint crimes on networks gradually stand out of the network criminal cases,the mode that network criminal activities led by joint crimes has already been detected and coped with by means of the legislative technique that judges the newly increased joint offenders as the principal offender by China’s legislators.This paper selected a typical case—Zhang and Du et al’s offering invasion of computer information system program and stealing.In this case,Zhang provided programs used for intruding computer information system and aided Du and Gao to commit the network theft.According to the court’ s trial and recognition,Zhang committed the crime of providing the programs and tools used for intruding into or illegally controlling the computer information system,and Gao constituted the principal offender rather than the accomplice in the larceny.The focus of dispute of this case mainly lies in the application of judging aiding behavior as the principal offender’s,the determination of aiding act to be the principal offender,the application of the principal and the accomplice,as well as the causal relationship between the aiding behavior and the principal consequence.Resulted from the evaluation and analysis,Zhang constituted the crime of intruding into he computer information system by providing programmes and tools rather than larceny.Gao constituted principal offender instead of accomplice.