| This article adopts the method of case analysis,combined with the form of data statistics,in order to find the difficulties in the judicial application of the crime of illegally obtaining computer information system data in the past 11 years,and combined with relevant theoretical knowledge,put forward corresponding solutions.This article analyzes and refines 603 criminal judgments about illegally obtaining computer information system data,and finds that the applicable difficulties in the determination of this crime in judicial practice are mainly concentrated on the determination of the conduct and the object of the crime.Difficulties in determining the conduct include:lack of evaluation of the role of "violation of state regulations" in this crime in judicial practice.Existing interpretations of the “trespass” and “other technical means”stipulated in the crime of illegally obtaining computer information system data,it is difficult to accommodate new types of illegal means of obtaining computer system data,such as obtaining by peeking at the identity authentication information of others Behavior of other people’s data;Failure to accurately evaluate the actor’s use of the data to illegally obtain other data for profit after acquiring other people’s illegally obtained identity authentication information;When the actor obtains the data by using the convenience of his position or by adding or modifying data In judicial practice,there is a phenomenon of different judgments in the same case.Difficulties in the identification of behavioral objects include: how to accurately identify computer systems in specific fields such as national affairs;when handling actors’ illegal acquisition of data with virtual property attribute data,there are many cases in the judicial practice that are different in the same case;When an actor illegally obtains personal personal information of citizens in the form of electronic data,judicial practice often only considers the electronic data attributes of the object of the act,but does not evaluate the attributes of the personal information of the citizens;and the excessively derived from this series of problems Amplify the problem of identifying this crime.Synthesizing the above problems,this article then proposes the following solutions.In the determination of the crime of illegally acquiring data from computer information systems,first of all,it should not be considered that "intrusion" must be evaluated as "technical means",so that new types of illegal data acquisition are included in the scope of criminal regulations Secondly,starting from concealing the causal relationship between theconcealment and the illegal income of the actor,the actor evaluates the behavior of the actor not only acquiring data illegally obtained by others but also illegally obtaining other data for profit;Intrinsic meaning,accurately evaluate the behavioral nature of acquiring data by adding or modifying data.In solving the problem of identifying the criminal object of this crime,the legal provisions should be further improved.When the criminal act involves a computer system at or above the secret level,confirm whether it belongs to a computer information system in the fields of national affairs,national defense construction,and advanced science and technology.It must be submitted to the relevant departments for inspection;by establishing the legal nature and scope of protection of virtual property,it can provide a legal basis for handling illegally obtaining data with virtual property attributes in judicial practice;and for cases where the personal information of citizens is the object of action,It is necessary to give full consideration to the attributes of electronic data and personal information of citizens in the case.When the data involved is personal information other than the account password,the crime of violating personal information of citizens shall be applied preferentially.And beware of overextending the application of this crime. |
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