Research On The Crime Of Illegally Breaking Into The Computer Information System

In recent years, cases of illegal intrusion into computer information systems at home and abroad have always happened. As state-owned criminologist, said:"In the future information society, crime is the form of computer crime." Illegal intrusion into the Computer Information system which is harmful to society will get more and more the international community’s attention. In China, computer information systems started late, although it has a big gap between western countries and china, but its development is very rapid. Therefore, the computer security problem has become urgent to address the issue.The crime of illegal intrusion into computer information systems is a new type of crime, at present, the understanding of the crime are not very well studied, there are still differences to the understanding of certain aspects of the crime. The author attempts to find the appropriate way to solve the controversial and illegal intrusion into the computer Information system by virtue of his theoretical knowledge of the crime of systematic exposition, putting forward his own proposals on how to improve it in order to help to improve the judicial practice and legislation.1，The crime of illegal intrusion into computer information systems has its own unique characteristics, it is hidden strong, high intelligence, crime scene digital and transnational crime and it has other characteristics, it is precisely because the offense has these features, so once the behavior is illegal intrusion into computer information systems, it is difficult to be found, and even if they are found, the judiciary the detection of the risk of crime is quite small. Therefore. We give high priority to deal with the crime of illegal intrusion into computer information systems to find out the best way to prevent and combat such crime, according to the characteristics of their crimes.2, There are three different points of view in the academic community about the meaning of the "invasion".The first view is that the "invasion" is a code-breaking and knowledge of state secrets unified. The second view is that the "invasion" is not made lawful authority or approval of the invasive important national computer information systems or data interception offense. The third view is that the "invasion" refers to the use of technical meaning for the illegal landing behavior. The author believes that the so-called "invasive" means unauthorized access, and retrieval of information resources in the computer information system behavior.3, Some scholars believe that the acts of negligence may also constitute this crime, the author does not agree with this view. China’s criminal law is to punish criminal negligence as an exception, china’s criminal law is to punish intentional crime as a principle.but according to the provisions of Article15, paragraph2of the Criminal Law of China, we can know, Fishes due to the fault of the perpetrator of the crime can be punished only in the case provided for by law. the Criminal Law does not expressly provided that the negligent acts of the perpetrator can constitute the crime. The author believes that the subjective aspect of this crime can only be manifested as deliberate, and he must be directly deliberately knowing the state affairs, national defense construction, cutting-edge science and technology, computer information systems, his behavior illegal invasion was still intrusive mental attitude.4， The authors argue that We can define the crime of illegal intrusion into computer information systems mainly from the intrusion of the object, the perpetrator of sin in the form and the intrusion of illegal. How do we judge of this crime——consummated or attempted? the authors believe that the crime of acts is committed, as long as there is evidence to improve that the perpetrator invaded the specific computer information systems, it can constitute the consummated crime.5, The author put forward their own proposals on how to improve the crime of illegal intrusion into computer information systems. The author believes that the following three aspects should improve this crime. First, we can build a strong response to the legislative system; Second, we can improve the types of penalties; Third, we can improve it in the code of criminal procedure on the specification set.