The Crime Of The Illegal Access To Computer Information Systems Data

With the rapid development of the Internet, the crime of the illegal access to computer information systems data is featured by low cost and serious social harmfulness with the obvious and hidden means of the crime and crime’s aim more at making a profit. Faced with of the constant emergence of network crime, Criminal Law Amendment added illegal access to the computer information to article285of penal code in2009. To some extent, it supplies a gap of criminal law articles and it plays an important role in regulating Internet crime. However, there are still some problems in the amended articles in the application. Then in2011, the Supreme Court gave judicial interpretations on the behavior of jeopardizing the computer security and set specific provision of conviction and sentencing for it. But it hasn’t given clear provisions on the calculation of economic losses, the definition of intrusion behavior and whether the unit should be the main body of this crime.The paper focuses on the analysis of behavior, objects, and subjects of illegal access to computer information system data crime. As for "act", the paper analyzes the "violation of state regulations,""trespassing","getting","serious circumstances". The violation of state regulations means breaking the various rules of the National People’s Congress, of China’s Criminal Code and of administrative regulations on computer information systems management. In addition to the three typical intrusive ways, there appears new ways of the invasive behavior in judicial practice. Getting in the crime is different from the "illegal access" behavior. And "the serious circumstances", as an important basis for the conviction and sentencing, relates to the scope and identification of the economic loss. The scope of economic loss can be divided into direct economic loss and indirect economic loss. Identification of the economic loss will be divided into three categories:emphasizing that the economic loss or damage should be the ones that is irreversible and can be measured by economic standard, which is caused by the network intrusion and other damageable behaviors, jeopardizing the information system itself and its data as well.Object of this crime is the data which is stored, processed and transmitted in computer information systems. The computer system and the computer information system belongs to the same concept in which contains the mobile system. Any Data is the electronic information such as code, program and documents that are stored, processed and transmitted in the information system. It includes traces left by web browsing, download records and personal information as well as business information that is stored, processed and transmitted in the computer. In the aspect of subject of the crime, the age of responsibility and the subject will be discussed in this paper. The controversial issue of the age of criminal responsibility is that whether the age for criminal liability should be lowered or not. From the point of view on characteristics of minor crimes, the juvenile delinquency criminal policy and the status quo of legislation, amending the law as well as the usage of the network, the age of criminal liability should not be lowered. Another Controversial issue is whether the main unit of the unit should be used as the main body of the crime. According to the status quo of the development of the Internet and the characteristics of the crime, the unit should be the subject of crime punished by criminal fines double punishment.With the issue of Criminal Law Amendment in2009and Interpretation in2011, criminal legislation in our country has made a huge leap in standardizing network crime, but there are still some problems, which require further improvement and amendment. This paper proposes to add unit crime subject and to establish economic loss evaluation criteria for the identification and evaluation of the economic loss, which will follow the principle of reporting actual loss. In the assessment, the different evaluation criteria may be adppted according to the different types of economic loss.