Research On The Criminal Applicability Of Crime Of Illegal Access To Computer Information System Data

Data crime is currently a highly-discussed topic,but the regulation of such crimes in our country still has significant flaws.At present,the crime of illegally access computer information system data is the primary means of punishing data crime in our criminal law system.However,there are still theoretical and practical issues,such as unclear legal interests and a vague concept of "data," which can easily be confused with other traditional crimes.Therefore,this paper aims to define the legal concept of "data," analyze the criminal means of this crime,and provide a reference for judicial practice by starting from the legal interest of this crime.The paper will be divided into four parts to study this crime.The first chapter of this article will introduce different theories and viewpoints on the legal interest and the criminal object of the crime of illegally access computer information system data.At present,our country holds three different views on the legal interest of this crime,namely,the public security theory,the computer information system security theory and the data security theory.The data security refers to the confidentiality,integrity and availability of data.Scholars at home and abroad have done some research on the legal interest of data security.By comparing the three views,the author thinks that the legal interest of data security is more reasonable and feasible.This crime also needs to be clear about the legal concept of "data",especially the difference and connection between data and information,pointing out the difference between technical attributes and legal attributes of data.The second chapter mainly interprets the criminal means of "illegal access",which includes both "intrusion" and "other technical means".This paper argues that the judiciary should focus more on the crimes of "unauthorized access" and "exceeding authorized access",especially the acquisition of published data,which should not be automatically classified as this crime.This chapter also introduces "other technical means".Common methods such as phishing websites and collision databases all access data by means other than "intrusion",so different criminal means should be distinguished.The third chapter mainly discusses the joint crime and the unfinished form of this crime.The proportion of joint crimes in this crime is extremely high.By analyzing the behaviour of joint criminals,clarifying the different performances of co-perpetrator,instigator and particeps criminis in this crime.In addition,this paper also discusses the characteristics of unfinished form of this crime,such as attempted crime and discontinuation of crime,in order to clarify the difference between completed offence and unfinished forms.The fourth chapter distinguishes the logical relationship between this crime and other crimes.This crime is often confused with related computer crimes and traditional crimes,which leads to "catch-all crime".This article distinguishes related crimes based on criminal means and legal interests.The author thinks that this crime should be distinguished from related computer crimes by the difference between "data security" and "computer information system security",and the traditional crimes with data as intermediate should be excluded from this crime.