Judicial Determination Of The Crime Of Destroying Computer Information System

In the judicial practice,the difficult problems of the crime of destroying computer information system are mainly reflected in two aspects: one is the discussion of the constitutive elements,such as the damage,the scope of data and application programs,and the identification of serious consequences;the other is the concurrence between the computer type crime and the traditional crime.Through the analysis of typical cases,it can be seen that the essential difference between destruction and control is whether they damage the computer information system or deprive the user of the right to control;the data in the crime of destroying the computer information system should be interpreted in a limited way,i.e.only the key data that affects the normal operation of the computer information system;the identification of "serious consequences" should be strict Grasp can only be determined by the actual harm,excluding the indirect economic loss and the loss of expected benefits.Article 287 of the criminal law should be regarded as the stipulation of implicated crime,that is,when destroying computer information system is a means of traditional crime,the implicated crime should be punished from one heavy punishment.