Research On The Crime Of Illegally Obtaining Data Of Computer Information System

In the crimes related to information network,taking the information system inside the computer as the object of infringement,the criminal code of our country respectively stipulates the crime of illegally invading the computer information system(article 285 of the criminal code)and the crime of destroying the computer information system(Article 286 of the criminal code).These provisions of the criminal code of our country are helpful to prevent and combat the computer Internet information system The network information crime has played a powerful prevention and protection function,but with the passage of time,the progress of information network science and technology,a variety of new types of computer network crimes are also emerging,which do great harm to the society,seriously threaten the personal computer network information security and even the national network information security,and cause great harm to the country,society and individuals Great loss,for this situation,the corresponding provisions of the criminal code in China are relatively lagging behind,unable to effectively respond.Therefore,it is necessary to gradually improve it according to the development of computer network technology.In 2009,the new criminal(7)amendment issued by China added "crime of illegal control of computer information system" and "crime of illegal access to computer information system data" It provides a new basis to prevent and combat the computer information network crime.However,with the development of judicial practice,the operation is not strong in the specific work,and there is no unified standard.Therefore,this paper analyzes the objective behavior,the object of crime and the subject of crime,hoping to accurately grasp the crime composition in judicial practice,crack down on such crimes severely and accurately,and solve the problems encountered in judicial practice Put forward reasonable and feasible solutions.