The Research On Judicial Disorder Of Crimes Of Destroying Computer Information System

Through the judicial cases in the legal information network of Peking University,the time is set as before 2019.Based on the condition that the full text contains "damaging the computer information system",a total of 1,071 criminal judgment documents are retrieved,among which 863 are related to the crime of damaging the computer information system.Through the statistics and analysis of these cases,it is found that the crime of damaging the computer information system has judicial disorder in judicial practice,such as: the sudden increase of cases,different provisions of application,quite controversial identification and the crime of "pocket" tendency.This directly leads to the loss of the accuracy and legitimacy of the crime of damaging the computer information system in the judicial trial and damages the judicial credibility and the possibility of national prediction.In order to solve these problems,this article from the source on destroying computer information system crime of criminal law norms in finding out the reason,believe that need fundamentally clear destroying computer information system crime,protect the legal interests range in criminal legislation and judicial interpretation level adjustment,in order to cope with the chaos in the judicial practice.In terms of criminal legislation,it is necessary to improve the constitutive elements of article 286,paragraph 2,of the criminal law and establish a dual-track system for punishing criminal acts violating computer data.On judicial interpretation level,the need to destroy the computer information system crime in the "computer information system data","serious consequences" and "computer information system can not run normally" and other charges for reasonable interpretation,in order to destroy the computer information system crime under the new era of information network to better play to the criminal law regulation function.