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Criminal Law Evaluation Of Network Warehouse Bumping Behavior

Posted on:2022-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:C S GuFull Text:PDF
GTID:2506306773472394Subject:Enterprise Economy
Abstract/Summary:PDF Full Text Request
The development of Internet technology not only promotes the convenience of daily life,but also provides a new way for crime.Through the retrieval of "collision database" through the judgment documents net,it is found that there are no less than 100 criminal cases related to collision database,the reason is that the Internet has brought down the "cost" of the crime of collision database,and collision database does not need too high technical means.In the face of so many criminal acts,judicial organs also face a lot of difficulties in the identification,but also some loopholes,such as the infringement of the objects and legal interests of the behavior is not accurate,can not describe in detail the structure of the behavior and the way of criminal.This phenomenon has a lot to do with the complexity of warehouse bumping behavior itself,because as a new means to obtain electronic data,the judicial authorities do not have a sufficient understanding of it.To fully understand the collision behavior,we first need to clarify what the collision behavior is.The database bumping behavior discussed in this paper refers to the behavior of obtaining the account number and password of a specific software or system that can be logged in effectively from the account number and password collected in advance by using the method of logging in a certain software or program at high frequency.From the Angle of what is the behavior of bumping into database,two questions can be divided: what is the nature of account and password and what is the legal interest? How to obtain effective information and what is the way of incrimination?In terms of the nature of the account and password harmed by the behavior of bumping into database,as a carrier,the account and password can exist without any special nature,but only the authentication information of the login portal;It can also contain special properties and exist,not only as the authentication information of login portal,for example,some accounts need to be registered with mobile phone number or ID number,so it is necessary to classify them to discuss this issue in detail.In terms of how to obtain effective information and how to incriminate,this paper discusses the structure of bump behavior,that is,what mechanism is used to process data.Only when the structure of collision behavior is clear,can we analyze the danger of collision behavior and find the corresponding way of incrimination.In addition to the two questions that can be read from the collision behavior itself,the problem of the number of crimes must also be considered.The number of crimes related to warehouse collision can be divided into two aspects,one is the number of crimes contained in warehouse collision behavior itself,the other is the number of crimes between warehouse collision behavior and its follow-up behavior.To solve this problem,we should not only clarify the characteristics of the collision behavior itself,but also analyze the relationship between the collision behavior and the subsequent behavior,so as to achieve accurate identification.This paper will focus on the analysis of the above related issues,in order to describe the criminal law determination of the behavior of bumping into storage,and at the same time to provide reference for the work of judicial organs,in order to better prevent crimes in related fields.
Keywords/Search Tags:Collision Behavior, Personal Information of Citizens, Behavior Structure, Follow-up Behavior
PDF Full Text Request
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