A Qualitative Study On The Eliminating The Use Of Digital Certificates To Remove Vehicle Illegal Information Behaviors

Computer information networks have revolutionized people’s lifestyles.Because the information network has the characteristics of openness,professionalism,and quickness,when the use of computers to implement related crimes,the crimes are mostly concealed,and the objects are mostly virtual,which makes the judicial staff in China face enormous challenges.In the trial of computer-type cases,it is often the case that the crimes prosecuted by the Procuratorate are not the same as those finally determined by the judicial organs.For criminal offence involving the use of computers,whether to punish by computer-type crimes or conviction according to other crimes Punishment has become a practical problem.The reason for this is not only because of the ambiguity of computer crime,but also because it may form a sin or imaginary match with traditional crime.Therefore,the author selects the case of using computer to commit crimes as the research object of this article,and uses criminal law theory to analyze and demonstrate it,aiming to solve how to judge whether the criminal subject and the actor in the crime of accepting bribes “use the position of the post”,how to accurately define the destruction of computer information.The constituent elements of the system crime,whether the object of the property crime includes the state’s receivable fines,and how to identify the property losses of the deceived person when the illegal cause is paid,etc.,and other common problems in judicial practice,and give the individual opinion of the conviction and sentencing in this case.And put forward some suggestions for practical operations,and hope to help solve such problems in practice.This article is divided into four parts:The content of the first part is to introduce the basic situation of the case.In this case,He and Yang were hired as traffic assistants.The two obtained the authorized digital certificate of the official traffic police through the opportunity of ordinary work,and invaded the traffic control system to illegally remove the vehicle violation information,thereby charging the illegal personnel for processing fees.There is controversy over the crimes of the actor,theft,fraud,destruction of computer information systems or bribery.The focus of the dispute in this case is how to arbitrarily delete the illegal digital information of the vehicle and collect the handling fee.The content of the second part is the legal analysis of related issues.The focus of the dispute concerns the boundaries between the crime of theft,the crime of fraud,the crime of destroying computer information systems,and the crime of accepting bribes.Among them,whether the identity of the actor and his behavior use the position is the key to distinguishing the crime of accepting bribes and other crimes;what criteria are used to judge whether the victim suffers property loss in the crime of fraud,and whether the behavior can constitute fraud The nature of the theft object determines whether it can constitute theft;and the qualitative analysis of the crime of destroying the computer information system can help us understand the legal interests protected by the crime of destroying computer information systems and the principle of cooperating with other crimes.Therefore,in the jurisprudence analysis section,the definitions of “subject identity and ’utility of the position of accepting bribes”,“definition of victims’ property damage” in the crime of fraud,and “public and private property of theft” are defined."Destruction of the crime of computer information system",and other issues were analyzed and elaborated.The content of the third part is the analysis and conclusion of this case.First of all,the perpetrator does not constitute a crime of accepting bribes.It is not a national staff member,nor has it directly related to the illegal personnel.It cannot use the position of the position and then obtain property.Secondly,the perpetrator does not constitute a crime of fraud,because the illegal person in the case has not suffered property damage.Thirdly,the behavior of the perpetrator does not constitute theft.The handling fee given by the offender is not the illegal fine that the state has already collected,but the return given by the perpetrator of the case to help delete the illegal information.The country is subject to a fine,and the perpetrator has no objective possession.The behavior of the perpetrator of the case constitutes a crime of destroying the computer information system.Its behavior is in line with the second mode of behavior in the crime of destroying the computer information system.The loss not received by the state fine is the performance of the defendant’s destruction of the computer information system.The illegal income of the accused shall be recovered,and the offender shall be fined again.The content of the fourth part is the research enlightenment of this case.First,the definition of property interests is the crime of theft.With the advent of the information age,the object of property type crimes is limited to physical objects and intangibles,which can no longer meet the needs of modern society for criminal law.Second,we should clarify the issueof competing with the crime of destroying computer information systems and other crimes.Because there are only two statutory penalties for the crime of destroying computer information systems,and at the same time,in the real life,the crime of destroying the computer information system is more a crime,and when it competes with the crime of property type or the type of corruption,how to deal with it will greatly affect Sentence of the offender.Third,make some suggestions on how to prevent the occurrence of similar cases in the same type of special units,to prevent problems before they occur.