On The Doctrines Of Illegal Access To Information

With the rapid development of Internet technology,the degree and frequency of use of computer information systems have also been greatly increased.With the increase in the utilization of computer information systems,behaviors that endanger computer information systems continue to occur.Article 285,paragraph 2,of the 2009 Criminal Law Amendment(7)stipulates:"Violation of national regulations,intrusion into computer information systems other than those specified in the preceding paragraph or using other technical means to obtain information stored in,processed or transmitted in the computer information system If the circumstances are serious,they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention,concurrently or solely with a fine;where the circumstances are particularly serious,they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine "This clause is to regulate the crime of illegally obtaining computer information system data.Since the addition of the crime in 2009,my country’s academic and practical circles have conducted extensive discussions on the application of the crime.However,due to the complexity of the application of the crime,my country’s academic community has not yet reached a consensus on its theoretical research.In judicial practice,the processing standards for the crime of illegally obtaining computer information system data have not been completely unified.This article starts from the perspective of doctrinal science and provides theoretical reference for the application of the crime of illegally obtaining computer information system data.It is divided into five parts:The introduction part introduces the research significance,research methods,research status and problems to be solved of this article.The first chapter studies the background of the crime legislation and main controversial issues.The legislative background mainly elaborates the serious harm of illegally obtaining computer information system data,supplements the deficiencies of the computer crime system in the criminal law,constructs and perfects the stepped legal benefit protection model.A clear legislative background helps to understand the purpose of criminal conviction.The main disputes in judicial practice include the qualitative issue of computer information system data,and the specific form of "intrusion" as the "serious" standard for conviction and sentencing circumstances.The second chapter studies the doctrinal issues of the proper nature of this crime.According to the legal provisions of this crime,doctrinal interpretations of "national regulations",intrusive behaviors,behavioral methods of obtaining data,and "serious circumstances" are provided to provide different interpretation ideas and provide a basis for the following doctrinal choices.The third chapter studies the systematic logical relationship between this crime and related crimes,and selects the crime of illegal intrusion into the computer information system,the crime of illegally controlling the computer information system and the crime of destroying the computer information system for distinction and comparison.By comparing with similar charges,it highlights the characteristics of this crime and provides ideas for the judicial application of this crime.The fourth chapter studies the application of the doctrinal interpretation of this crime,showing that different doctrinal interpretations are selected from the realization of the purpose of criminal law,the establishment of judicial thinking,and the improvement of the computer crime system.After combining the above analysis,construct a plan for the doctrinal interpretation of this crime,and promote the standardized application of this crime in judicial practice through the application of data property attribute differentiation,objective calculation of economic losses,and the evolution of acquisition behavior.