Computer crime came into existence with the development of modern technology. Compare with the traditional crime, computer crime are becoming more intelligent, hidden, and dangerous. Concerning this crime there are different descriptions in different countries in the aspects of legislation mode, components of crime, judicial determination of the crime, design of the penalty. This thesis takes computer crime as the studying subject, analyses the legislation situation of this crime in different countries all over the world , and on the basis of these analyses , takes a careful examine on the legislation of this crime in our country. Then the thesis explains in details about the problems with regard to the theory and current situation. Finally, the thesis puts forward some suggestions concerning the consummations of our country's legislation.Part 1: The present legislation condition of the crime of destroying computer information system. This part mainly inspected the criminal legislation overseas of attacking computer crime, introduced in detail the constitutional components and the penalty stipulation of destroying the computer information system crime in various countries. Moreover, it also introduces the legislation condition in Hong Kong, Taiwan and our mainland.Part 2: The concept and composing of the Crime of destroying computer information system . This part discusses the four components of this crime on the basis of the definition of crime of destroying computer information system.Part 3: The judicial determination of the crime of destroying computer information system. Beginning with the distinguishing between the crime and the innocence, this part discusses the difference between this crime and other crimes. It also discusses that there are unaccomplished form existed in this crime Part 4: The legislation proposition concerning the crime of destroying computer information system . Firstly, the thesis suggests formulating the separate legislation of computer crime. Secondly, this part improves the criminal law standard for destructing computer information system crime. Thirdly, consummates the indication of concrete provision. Finally , this part puts forward some proposals to the judicial jurisdiction question. |