Research On The Crime Of Destroying Computer Information System

With the development of science and technology,the increasingly rich social life,people dependent on computer networks more and more strong,more and more social behavior is achieved through a computer network,the development of modern science and technology makes the role of computer network in economic and social development is more and more significant.The progress of computer network technology has greatly promoted the development of human society,and has had a great impact on social economy,culture and people’s way of life.Since then,the number of computer crimes has also increased.Although computer network criminal legislation in China is improving,but the computer science and technology makes the increasing maturity of the computer network crime new technology constantly,the legislation is always lagging behind,especially with the emergence of smart phones,all kinds of production equipment of intelligent development,this kind of crime from the computer field gradually expand to the intelligent mobile platform.This paper is divided into four parts to study the problems of the crime of destroying computer information system in China.In the first part,Based on the background and significance of this topic,the author will investigate the research status of this crime at overseas and domestic,then introduce the main research methods,innovation points and shortcomings of this paper.The second part introduces one of the guiding cases issued by the supreme people’s court of China in 2019--the case of li sen and he limin damaging the computer information system,analyzes the focus of the dispute one by one and points out the existing problems of the crime of damaging the computer information system.The third part makes a legislative analysis and judicial empirical analysis of the problems involved in this crime,so as to re-examine the crime of destroying computer information system,study its new development and change law,clarify the judicial dilemma in the case,and finally conclude the way to improve the crime of destroying computer information system.Crime means to bring forth the fresh constantly going,makes our country’s present criminal law in the regulation of destroying computer information system crime in a dilemma.On the one hand,it is necessary to reinterpret the constitutive elements of the crime of destroying the computer information system according to the legitimate needs of standardizing the determination of computer crime,so as to exert the positive protection of the criminal law on the legal benefits of computer crime.On the other hand,the crime of destroying the computer information system is not omnipotent and all-encompassing.The crime itself has its fixed expression of meaning and adjustment of work scope,and judicial practice should not easily expand and break through it.Based on such considerations,the author reinterprets the elements of this crime,puts forward some feasible suggestions to improve the identification of this crime.This is undoubtedly a meaningful attempt for the application of law and judicial efficiency of computer crime in China.