Research On The Crime Of Destroying The Computer Information System In The Context Of Information Criminal Law

The context analysis of information criminal law refers to "the analysis of the context of criminal law in information crime".This article emphasizes information legal interest,studies information crime defined by information law,distinguishes from the language of computer crime and network crime with strong criminology color,and emphasizes the analysis of the context of criminal law interpretation.The reason why the specific destruction of the computer information system is characterized as a crime is that the crime violates the information legal benefits in the important social system and causes the local disorder,which is embodied in the stagnation,loss and abnormality of the production and life of the individual and organization.The social system is based on the "direct domination order of objects".Any individual,whether rich or poor,has its direct domination of material for its existence and development,and this direct domination order is embodied in the modern legal system as "the order of ownership",and we discuss the subject to the object and the control of its own personality.At this time,the human body is treated locally or wholly.Before the advent of information technology,general information must be attached to specific material carriers to be effectively used and protected.In today's society,information processing equipment has been improved efficiently,network technology is constantly popularized,new technologies such as block chain are continuously iterated,and a series of information technology breaks people's information management.Controlled material and regular boundaries.Nowadays,people clicking clicks can take other people's cost of products created at a very low cost for a few years to make use of them and even make profits.Infringement of others' right to "information" has become a national carnival.Information crime is more and more rampant.However,the impact of information crime needs to be renewed and deepened.According to the scholars' research,in judicial practice,the application of the crime of destroying the crime of computer information system exists(1)the identification of the problem of the parallel punishment of several crimes;(2)the difference of the evaluation of similar behavior is great;(3)"the consequence is serious",and(4)the problem of overexpansion of the scope of application.There is no consensus on the impact of information technology on the existing social order.In fact,"the technological revolution centered on information technology is accelerating the material base of reconstructing society..." Meanwhile,criminal activities in the world and underworld organizations have also stepped towards globalization and informatization.From the traditional industrial electrical age to the current information age,the social structure is undergoing profound upheaval,and the theory of criminal law born from the traditional industrial society is constantly facing challenges.This article is based on the new era,starting from the context of criminal law analysis of information crime,and taking "the crime of destroying the computer information system" as the specific object of study.At the same time,it makes an analysis of the information law benefit of information crime at the same time.The main tasks of this article are as follows:(1)review the past research,clarify the problem,see the introduction,and(2)elaborate the information legal benefits,see the first chapter,and(3)show how the new context of analysis can solve the problems raised in the first chapter,and see the internal capacity of the third fourth chapters.Please correct me.