A Research Of The Boundary Between Crime Of Stealing And Crime Of Illegal Acquisition Of Computer Information System Data

With the rapid development of computer technology,illegal intrusion into the computer information system to obtain network data behavior is also increasing,which is a serious threat to the security of computer information systems.In 2009,the crime of illegal acquisition of computer information system data was written in the Criminal Law(7)for the first time,which has a good influence in making up for the shortcomings of criminal law provisions,to protect the computer information system data.The provision played a good effect in.crackdown crimes on line.The main problem is the boundaries are not clear enough between this crime and other criminal.The practice of courts around our country has not yet reached a unified about how to punish illegal access to virtual property,some courts use the crime of stealing to punish the criminal,but also some courts use the crime of illegal acquisition of computer information system data,as well as the application of violations of commercial secrets and others.This is not consistent with the principle of certainty of the criminal law system,but also increases the difficulty of judicial trial work.In this context,this paper discusses the bound between crime of stealing and crime of illegal acquisition of computer information system data,to promote the accurate application of the crime of illegal acquisition of computer information system data,and combat the behavior of illegal acquisition of computer information.The first chapter is overview,the author summarizes the basic concepts of the two crimes,analyzes and summarizes the research status of the crime of theft and crime of illegal acquisition of computer information system data in China,including the status quo of theoretical research,the current situation of judicial trial and the current situation of legislation.The second chapter,the third chapter,the fourth chapter introduces respectively the crime object,subjective elements,criminal means,and discuss how to distinguish the two crime.In the second chapter,the author analyzes the influence of the criminal object.The third chapter analyzes the influence of the subject of crime on the determination of the two crimes.The fourth chapter analyzes the influence of the criminal means on the determination of the two crimes.The last chapter of the article,the author makes some suggestions about how to grasp the boundaries between the two crimes.