On The Addition Of Illegal Possession Of Computer Information System Data Crime

Information era of rapid progress of science and technology have changed people's traditional life habits,but also associated with a large number of new type of computer network crime,although the criminal law and relevant judicial interpretations are actively follow the change,but because of the lag of the law,it is difficult to meet the needs of the crime immediately,at the same time the development of information network from 3 g to 5 g,in convenient for people to live at the same time,also gives some criminals use Internet crime means more and more underground,citizens a significantly increased risk of information leakage,valuable information data leaked after illegally obtained by others,diffusion in a short time,Cause extremely serious social harm consequence.In judicial practice,the evidence requirement of computer network crimes determines the high litigation cost.Many cases of computer network crimes that are also harmful to the society have insufficient evidence or legal basis,leading to the doer to evade legal sanctions and unable to effectively guarantee the stability of social order.Some judicial interpretations cannot be used in judicial practice because some conditions are not satisfied but have the same social harmfulness.However,the crackdown on such behaviors can be solved through legislation.It can be seen that from the perspective of the development of The Times and the difficulties existing in judicial practice,it is necessary to add specific computer network crimes in the legislation.This article mainly through the literature research method,the case study method,the investigation method to our country computer network crime's criminal species disposition imbalance legislative practice,in view of its existence question,proposed the proposal,namely from the addition illegally holds the computer information system data crime the necessity aspect to carry on the demonstration.The paper is divided into four parts.The first part is the identification and harm of the current computer information data crime in China,which consists of three parts,namely,the connotation and importance of the computer information data in China,the crime system of the computer information system in China and the inducing cause,and the social harm of the computer information data crime.In this part,including our country's current computer network crime increasingly grim situation,named the practical significance of this paper.The second part is the deficiency of our laws on the crime of computer information data.Including theoretical analysis and case analysis,it points out the shortcomings of data protection of computer information sy stem in the interpretation of the criminal law and the supreme people's court and the supreme people's procuratorate on the application of law in dealing with criminal cases endangering the security of computer information system.The third part is the academic debate on the crime of illegally holding computer information system data.Including the specific reasons against the addition of specific reasons in favor of the addition and the international attitude to the addition of illegal possession of computer information system data crime.The fourth part is the legislative conception of the crime of illegally holding computer information system data.This part combs and integrates the legislation to supplement the crime of illegally holding computer information system data from the aspects of crime constitution,penalty allocation and judicial improvement of computer network crime,so as to improve the relevant legislation.