On The Judicial Cognizance Of The Crime Of Obtaining The Data Of The Computer Information System Illegally

With the rapid development of network information technology and the rapid spread of the Internet under the background of the emergence of a large number of crimes against the computer network,due to the economic value of load on the Internet is more and more big,the economic losses caused by the Internet crime is more and more,through the analysis of cases,improve the crime of illegal access to computer information system data.The concept and judicial cognizance,illegal access to computer data,illegal behavior,maintaining data security,maintain good network order.By defining the concept and standard of the crime of illegally obtaining computer information system data,understanding the importance of computer data protection,obtaining the new research perspective of criminal law in the Internet era,in order to perfect the theoretical framework of criminal law from the overall structure of the academic circle.Since the implementation of the 285 th article of criminal law in 1997,the first accusation of protecting computer information system has been born in China,which has a milestone significance.At this time the "computer information system" range is relatively small,only limited to the national affairs,national defense construction,cutting-edge science and technology in the field of computer information systems.With the rapid development of social economy,the growing popularity of the network,the role of an ordinary computer information system in the social economy and daily life more important,need legislation to protect.In this context,the amendment to the criminal law promulgated in 2009 seven in the two hundred and eighty-five and two increase content,make up the legislative blank for ordinary computer information system crime,cognizance standard of the crime of a clear judicial interpretation in 2011 to 2015,the criminal law amendment nine to the unit crime into them,make up for blank computer information system crime data,but two hundred and eighty-five in the judicial practice,but there are still some problems,mainly is the partial charges and the traditional infringement of property exist at the boundaries identified on the fuzzy problem.In this paper,shaomou,Mamou illegal access to computer information system data case,combined with the provisions of article 285 th of the criminal law and related judicial interpretation,comparative analysis of different types of judgment in the judicial practice in cases of similar results,and the standard to judge the crime of illegal access to computer information system data and theft,copyright infringement the right of the crime were analyzed,to more clearly illegal access to computer information system data crime purpose,and further improve the charges proposed in order to maintain a good network environment.