Research On Several Issues Of The Crime Of Destroying Computer Information Systems

With the rapid development of computer information technology and the high popularity of computers,computers have penetrated into all aspects of our daily life.While this brings us great convenience,it also has some negative effects.From judicial perspective,the number of computer-related cases has generally shown an upward trend,with cases sentenced for "destroying computer information system" accounting for a considerable proportion of computer crimes.It is not difficult to consult relevant legal documents to find that there are some obvious disputes over the determination and application of this crime in practice,which directly undermine the accuracy and legitimacy of the conviction and sentencing process and damage the credibility of the judiciary.In order to solve the above problems,this paper summarizes the cases,starts from the current judicial situation of the crime of destroying computer information system,and discusses the disputes that need to be resolved urgently.Based on the current situation of judicial practice,this paper uses a large number of real cases as clues to connect the entire paper,and strives to make the theoretical exposition in this paper not separate from practice,not just the theoretical accumulation.The paper is mainly divided into three parts: introduction,main text and conclusion.The following is a summary of the main contents of the body of the paper:In the first part,through the analysis and summary of a large number of cases,the number and mode of conduct of the crime of destroying computer information systems are analyzed in the form of charts,and the following aspects are preliminarily summarized: at present,there is a big controversy over whether the relevant acts should be characterized as the crime of destroying computer information system;there is inconsistency in the determination of "serious consequences";the application of the crime of destroying computer information systems is too broad.The second part mainly analyzes the problems reflected in the first part from the aspects of criminal object,criminal object,and objective elements.The author believes that the object of the crime of destroying the computer information system should be the state’s management order of the computer information system;the object of the crime is a computer system with the function of automatically processing data and the data and applications that can affect the object of the crime;the act of "deleting,modifying,adding,or interfering" should be considered as the way of affecting the computer system rather than a specific technical term;the determination of "serious consequences" should be judged in conjunction with the provisions of the relevant judicial interpretations.The application of the bottom clause should be carefully judged by measuring whether the degree of harm to the conduct is comparable to other specific circumstances.The third part explores the characterization of two controversial acts,illegal acquisition of virtual property and traffic hijacking.The author believes that the characterization of illegal acquisition of virtual property should be combined with the object of the infringement and whether the virtual property involved in the case has property attributes in the sense of the criminal law;for traffic hijacking,if it belongs to the domain name hijacking category and the consequences are serious,it is more appropriate to determine the crime of destroying computer information systems,while for link hijacking,it is currently not suitable to be included in the adjustment scope of the criminal law,and should be regarded as an act of unfair competition.