Along with the information technology development by leaps and bounds， especially computer technology and network technology， human society has the unprecedented However， science and technology is a double-edged Colorful world， like "network pandoras box" to bring hope in human society， and also release the clouds float "， "-- the computer crime 1 foreign a crime experts point out: compared to the real world， people seem more inclined to on the network crime 1 information-based society with improvement of serious crime， the computer to penetrate into all aspects of social life， from the fields of computer crime violations more and more widely， more and more is also high degree of This gave our criminal law has caused many to solve urgently， Computer crime legislation related to the impact on charges of criminal law in our country the first criminal legislation (1979)， because of the computer development level is not high， the application of computer in our country， the criminal law is not limited to any computer With the development of computer technology and application scope expands unceasingly， 1986 in shenzhen in China's first happened for the crime of computer in financial fraud case tools， 2 cases of similar increases For such computer as the tool， the criminal law case in 1979， still can barely according to its objective behavior can offend charges such as fraud， theft， embezzlement， However， for then happen pure computer crime， namely to computer information system for violations of the object and vandalism trespassed in 1979， the criminal law is Aiming at the impact， the revised law of criminal law (1997) has made certain response to the first， and the first 286 285 specially stipulated trespassed computer information system and computer information system sin two However， due to the computer crime is a kind of new forms of crime， coupled with the legislative experience and legislation， these two levels of legislation charges not perfect Does a response with the legislation of the development and application of computer， computer crime rate and the revised law of shock， makes a 1997 criminal law in front of the computer crime emerge in endlessly again appear relatively This lag issues in charges for:(a) for the legislative AlreadyFirst， the criminal law "regulation: 285 invaded in violation of state regulations， national affairs， national defense construction， advanced science and technology in the fields of computer information systems， shall be sentenced to fixed-term imprisonment or criminal "Computer information system will intrude into the only state affairs， national defense construction and cutting-edge technology in the fields of computer information system， the scope of protection is too This regulation， obviously behind the development of The Times， with the development of computer technology is developing rapidly in China from all walks of life and wide application At present many units， especially finance， telecommunications， medical， transportation， college departments have established the computer information These information system in relation to social life， many systems and public interest， if our computer information system of the criminal law on the protection from the system， so these will not punish illegal invaded by sanctions， which tends to crime， protecting the state， society and individual's legitimate rights and Therefore， in the criminal law of the protection scope of the appropriate， appear very be Furthermore， according to the provisions of the criminal law， 286 "computer information system， in violation of state provisions refers to computer information system function， amend， add or delete， interference of computer information systems or storage， processing and transmission of the data and applications to delete， amend， add or deliberate production， the operation of computer virus spread， such destructive procedures， affect the normal operation of computer systems， cause serious Article aims to computer information system safety protection regulations "， but also showed some This will spread the computer virus behavior rules for real harm， namely need serious consequences to constitute a This A computer virus often have latent infection， makes the computer system is not immediately by Such as popular around the world， through the CIH virus， a longer incubation period If the clause stipulated in the standard to measure against made in preclinical will not see actually qualitative harm result， thus difficult to apply for the above But if the dangerous crimes， computer viruses may standard for information systems caused much damage， it can be measured through the estimation of the virus and the analysis results from the code in the estimation of the size of its may have to， as long as the damaging "computer information system safety threat to a certain extent can into Therefore， if this will spread the computer virus behavior made by real harm to risk making and separate into sin is more reasonable and (2)， French does not bear chargesChina's present criminal law， the provisions on the computer crime legislation still many blank， resulting in French does not It mainly displays in: (1) no provisions in computer Stolen In the present criminal law in our country， using computer service behavior of theft is not due attention， this time with the requirements of the development of criminal law must be In modern society， by a computer system that provides information service is a kind of commodity， it is with information collection and processing， processing， inquires the related a Use computer information service needs to provide for a fee， therefore， I use the computer information system service of others， infringe upon the rights of all the people of the system， and for all profit and economic For this kind of behavior， should be hit a However， China's present criminal law is not stipulated in the computer services for crime theft， making it in some cases in practice cannot handle or (2) no provisions of computer software and data A computer system， and some internal data belongs to the intellectual property of software， some belongs to the commercial secrets of the material， while others are classified as state secrets， stealing the data or software behavior， although can apply to be punished accordingly charges， but in a computer system， a large number of data does not belong to the above content， but has extensive knowledge and important From the point of view of knowledge economy， stealing the data should be defined as criminal ACTS， otherwise it will cause the physical property theft tangible and intangible constitutes a crime theft of intellectual wealth does not constitute a crime (3) no provisions destroyed computer The computer equipment including computer hardware and software system entity or other ancillary Although computer equipment to destroy the behavior also can according to destroy state-private property crime denotes， but due to destroy the crime of public or private property， low crime crackdown obviously not Because the computer itself in modern social production and the life of the people is very important， so as to be of computer equipment， electric equipment traffic tools such as special Therefore， the separate regulations computer equipment sin is Three types of ownership， convicted) should be adjustedWith the improvement of information society， the computer system is also more and more high， the dependence of computer crimes harmful to the society is becoming more and more big， so also more and more has endanger public security The current criminal law will computer crime belong to disrupt social management in chapter 6 points of sin， the order of classification is not in Will the computer crime of impairing the part by sin to adjust social management order crime endangers public security chapter 2 sections of sin， along with the development of society is becoming more and more Computer crime subject to the impact of problemsThe computer crime subject of juvenile is a noticeable The school education all around the world will be as one of basic computer operation， the content to the technological process for society has enormous However， it also has a large number of computer technology in the minors， the use of computer technology and illegal crime in some countries has become a social China's education system is also emphasized the education， thus the main trend of juvenile may also occur in C At least minors to make the computer virus case has a 3) however， our country criminal law article 17:14 years of age of 16 and who commits a murderer， intentionally injuring serious injury or death， rape， robbery， drug trafficking， fire， explosion， the poison of sin， he shall bear criminal This means that， except for the provision of a crime， and the implementation of any harm the social behavior all Therefore， Chinese criminal law of intrude into computer information systems， computer information system of subject， including the age is not the But from the judicial practice， the young "hackers" is a kind of strength， should not be belittled damage to our country criminal law the provisions of criminal responsibility age on In order to deal with the impact， the author thinks that our country criminal law should have reached the age of 14 but not the age of 16 people into the main scope of computer In addition， from the judicial practice， using computer network implementation unit of information in a computer， trespassed already not unusual behavior of For example， in 1997， Beijing new technology companies to prevent jiangmin piracy， in its product "KV3LL" add "logic anti-virus software， many computer lock" is not normal operation， and then some enterprise in order to destroy its rival commercial reputation into the purpose， others computer network， such However， according to our country criminal law article 30 and article 285， 286 regulation， the unit can be calculated into information system and computer information system Therefore， the unit of China's criminal law behavior and harm caused by the Therefore， it is necessary to be subject in computer crime units of The problem of computer crime punishmentAccording to our country criminal law the 285， 286 regulation， our country criminal law of computer crimes only provided free punishment prescribed punishment and property， and freedom， qualification of legal punishment low (the first 285 only three years or criminal detention and shall be sentenced to fixed-term imprisonment of general situation of 286 only five years or criminal detention and shall be sentenced to fixed-term imprisonment of serious consequences， also only 5 years imprisonment) This penalty system in front of a computer is increasingly rampant crime and punishment， thereby deterrent effect is at a discount greatly， realize the prevention and punishment of the special general purpose to The main computer crime is often the intelligent computer technology， the offender is usually in order to reap illegitimate interests or technical In order to effectively， and prevent this kind of crime deterrent penalties， with the current criminal law of adjusting wealth， add in following punishment and qualification penalty (1) Legislation may take times than fine system， the offender several times the illegal earnings， make it really fine punishment and prevention of the crime has double (2) to confiscation of Mainly applies to illegal for the purpose of making profits， if the circumstances are serious computer (3) deprived of the professional qualification Such as computer related industries and deprived of qualification， It mainly applies to the formation of computer addiction of so-called "net insect" The salient features of the computer crime is easy to succeed， profit， small risk to detect， conviction， and the consequences are serious According to the principle of suiting punishment to joash， not to prevent and combat looters， only to improve the legal punishment amplitude， can effectively prevent and respond the Taiwan's computer crime legislation that reflects the spirit， such as the "criminal law" regulation: "first 318 using computer or other related equipment to make the xvii-xviii 318， shall be increased by one-" Its 316-318 prescribed for computer crime， the leakage of information for the computer information qualities of the damage caused by traditional crime than for large， so the legislative defined， this kind of practice is aggravating punishment to curb computer crimes have better Therefore according to the principle of suiting punishment to computer crime， high standard， avoid the legal punishment prescribed imbalance， our country criminal law is in response to the impact of computer crime and shall make a 原文见: 5419970612 - 魔法师 四级
