| With the development of network technology,the development of network industry is faster and faster,and it is more and more common to rely on technology to provide network services.But for the network technical service provision,also needs to follow the network development order.For example,administrative laws and regulations on the management of network order,network transactions should follow the relevant provisions of civil law,criminal law on the regulation of network crimes.In order to achieve the goal of regulating the order of the Internet,the criminal law establishes related charges for the cyber crime separately.However,in practice,the judicial organs often have different opinions on the determination of the crime constitution of providing the crime of intruding or illegally controlling the computer information system program.In this case,the confusion between crime and non-crime,this crime and that crime is easy to arise.This paper makes a comparison between two typical cases of the crime of providing intrusion into computer information system program and tool by comparing the behavior of making and selling game plug-in software and the behavior of making and selling VPN overseas over the wall software.Theoretically,the behavior of selling VPN software in the case is identified as incriminating behavior,providing intrusion,illegal control of computer information system,tool crime,illegal operation crime and so on.The purpose of this paper is to clarify the boundary of the crimes discussed and to help the judicial organs to solve the problem of the conviction of such ACTS in practice. |
