The Nature Of The Behavior About Invading Into The Computer Systems And Asking For Bitcoin

The article took "Wang's extortion case" as the object of study,summarized the controversial focus of the case.Meanwhile,it launched a comprehensive study,combined with many theories of criminal law,for example,the judgments and distinction of computer crime,the criminal nature of virtual property,the application of implicated offense,etc.The purpose of this article was to hope that people could better understand the relevant theoretical knowledge,and through this research,people could better identify the nature of crimes involving computers and virtual property.This article was divided into the following four parts:Part one: This part mainly introduced the basic situation of the case,including the case,case description,disagreements and disputes.It mainly described how Wang used viruses to invade the computer system illegally and encrypt the files in the system.After that,Wang left information on the computer system page to ask the victims to ask for bitcoins as an illegal act of deciphering a reward.In addition,this paragraph also summarized the different views on Wang's illegal intrusion into the computer system and the nature of asking for the behavior of bitcoin,and summed up the focus of the dispute in the case.The second part: Around the controversial focus of this case,this part mainly analyzed in the following four aspects.First of all,the article was divided into various computer crimes.This part mainly included some elements of crime,such as the definition of computer crime,the crime of illegal control of computer information system,the crime of destroying computer information system,etc.The purpose of this part was to make a detailed analysis of the computer crimes involved in the case.Secondly,this section introduced the jurisprudential analysis of the criminal property of the virtual property in detail.From the analysis of the characteristics of bitcoin,this paper drew the conclusion that "property" should be the most generalized concept in the criminal law of China,after the analysis of the connotation and extension of the "property" in the criminal law.That was,the "property" in the criminal law of our country included the possessions,the non-body and the property interests.Then it focused on the analysis of the criminal property of the virtual property.The article hold that the virtual property belongs to the "property" in the criminal law,so,to a certain extent,the bitcoin,as one of the virtual property,bitcoin was also belonged to "property".And it drew the conclusion that bitcoin is a virtual property.In addition,the article also analyzed the elements of the crime of extortion.Finally,the article analyzed the related theory of implicated offense.The theoretical analysis was mainly centered on the different theories about the concept of implicated offense,the judgment of implicative relationship,the essence of disputes and the principle of punishment.The third part: This part was the analysis and conclusion of the case.This part included the nature of Wang's illegal intrusion into the computer system,the nature of King's behavior of asking for bitcoin,and the judgment of the number of crimes committed to two crimes committed by Wang.Through the integration of the second parts of the legal analysis,the article concluded that in this case,Wang Mou constituted the crime of destroying the computer information system and the crime of extortion.And the conclusion should be punished severely.The fourth part: The content of this part was the inspiration of this case study.By studying this case,it was helpful to judge and distinguish the related computer crime,to define the criminal property of virtual property such as bitcoin and to clarify the application of the implicated offense.