On The Illegal Access To Computer Information Systems Data

By the end of 2009,china's netizens reached 384 million and the website reached 3.68 million, the internet penetration rate has exceeded the world average. Young people accounted for 98% of all internet users. At present young people's cultural life, shopping activities and many economic activities have become increasingly inseparable from the computer network. At the same time, hackers are manipulating trojan to attack websites, monitor the user's computer, steal the user's online games and banking card's number and password and steal property in an account have become the biggest threats to the current network.This article attempts to analyze judicial application, electronic evidence and the cause and constitution of the crime of illegal access to the computer information system data so as to arrive more scientific prevention ways of the crime of illegal access to computer information systems data. This text was divided into four parts: The first part is an overview of the crime illegal acquisition of computer information system data, introduced trends of cyber-crime and illegal intrusion into computer information system, and then crime concepts, features and crime analysis of illegal access to computer information systems data. The second part is on the constitution of the crime of illegal access to the computer information system data introduced the object, objective aspect,subject, subjective aspect and judicial application of the crime of illegal access to the computer information system data. The third part is about electronic crime evidence of the illegal access to computer information systems data, introduced the concept of electronic evidence, characteristics, on the doctrine of attribution of electronic evidence and electronic evidence collection methods. The fourth part is about the legislative proposals of the crime of the illegal access to computer information system data, introduce the bettering of age for criminal responsibility of the crime subject on illegal access to computer information system data, sentencing recommendations, jurisdictional issues and the"virtual property" involved in the crime.