| Cyber-crime is a crime that has become more and more frequent in recent years,and it has become an important issue that Chinese society are facing.Internet users are becoming more dependent on the Internet,which has also increased the harmful consequences related to cyber-crimes.Dictionary attack is a new method to steal personal information of citizens.It mainly attacks user accounts and passwords in the Internet system.It uses original information obtained in advance,then match this information with the login systems of other websites and attempts to log in.To get a series of accounts and passwords that can be used to log in.The social harmfulness of the dictionary attack behavior determines that the state must use criminal means to regulate and combat crimes in related fields.-The legislative practice of the Criminal Law has also continued to develop and improve with the development of the crime situation,and new provisions have been added and amended to combat crimes against citizens’ personal information.The "Criminal Law Amendment(7)" passed in 2009 added the crimes of selling,illegally providing citizens ’personal information,and illegally obtaining citizens’ personal information.In the Criminal Law Amendment(9)passed in 2015,the above-mentioned "crime of selling and illegally providing personal information of citizens" and the "crime of illegally obtaining personal information of citizens" were combined into a crime of "Violating the personal information of citizens" and systematically The provisions of the article have been improved,and the subject of crime,the conditions for establishment,and the punishment interval have been revised and improved accordingly.The above-mentioned amendments all reflect the spirit of the "Law of the Criminal Law" advancing with the times,and the protection of the personal information of citizens is constantly improving.Through typical case analysis and judicial data analysis,it can be found that the current judicial practice shows a conflicting identification tendency in cases of dictionary attack.The specific problems are reflected in two aspects: First,the nature of the dictionary attack is not uniform,and what laws are applicable has not yet reached an agreement,that is,the qualitative issue of dictionary attack behavior.Secondly,in the case of other crimes committed after the dictionary attack,practical cases also show different tendencies of whether it should be determined as one crime or several crimes remains to be seen.The work was agreed upon,that is,the quantitative problem of the behavior of dictionary attack.Aiming at the qualitative problem of the dictionary attack behavior,the crime of violating the personal information of citizens should be convicted and punished.On the one hand,because it meets the constituent elements of the crime of violating citizens ’personal information,on the other hand,the crime of violating citizens’ personal information and computer information-related crimes have a legal relationship.In addition,although the personal information obtained from the dictionary attack has certain property attributes,the account password itself does not have property value,so it should not be determined by stealing virtual property.As for the quantitative problem of dictionary attack behavior,different situations should be distinguished for discussion.Whether different crimes should be punished in different situations also has different answers.The research on the case of dictionary attack cases aims to find out the controversial issues in the relevant judicial practice field,reasonably determine the legal nature of the bankruptcy behavior,and give corresponding suggestions to resolve the embarrassing situation where the current practical judgment cannot be agreed.At the same time,this article can also provide reference for judicial practice through the introduction and analysis of the behavior of the dictionary attack and related legal issues,in order to prevent the occurrence of criminal acts in related fields. |
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