Research On The Determination Of The Crime Of Illegally Obtaining Computer Information System Data

In the context of the rapid development of the Internet and artificial intelligence,crimes that directly violate computer security or violate other legal interests through computers are increasing day by day.A considerable number of different types of material production materials are stored in the computer in the form of data.Therefore,the necessity of data security protection is becoming more and more obvious.The protection of data security is not only a frontier issue of criminal law research in other countries in the world,but also my country The main problem of criminal law research.Although the two high schools have issued judicial interpretations on the application of this crime,there are still many controversies in the determination of violations of data security,which makes the determination standards for the crime of illegally obtaining computer information system data in judicial practice different,showing an expansion.applicable trends.Therefore,it is very necessary to accurately analyze and determine the specific elements of this crime.This article uses controversial cases to draw out the controversy about the protection of legal interests of this crime.Through the sorting and analysis of various theoretical theories in the academic circle,it is demonstrated from the perspectives of conforming to the interpretation requirements of the criminal law system and making up for loopholes in legal and judicial interpretation that data security legal interests are the basis The ideal effect of crime to protect legal interests.Then,on the premise that the legal interests of data security play a role in the definition of crimes,through practical cases,it is clear that the behavior of this crime must have the elements of "violating state regulations".Crime and other computer crimes are distinguished and elaborated.Then,using the method derived from the disputed cases,it further clarifies the phenomenon that the object of protection of this crime is not clearly defined in legal practice,and through the division of the nature of the data of this crime,the data displayed in the form of data should belong to other criminal institutions.The maintenance of legal interests is excluded,which further clarifies the scope of protection of the crime data.Finally,the author also explains the identification standards of "serious circumstances" and "especially serious circumstances" in our country,and proposes that any set of data that can be combined into the computer information system for operation is a set of "identity authentication information" different from that.However,the determination of "illegal gains and economic losses" should follow the principle of rationality,and then a more specific explanation of what "economic losses" is.