Research On The Judicial Determination Of The Crime Of Sabotaging Production And Operation From The Perspective Of The Internet

In view of the rapid development of "Internet",we have entered the network era of interconnection of everything,and ensuring the economic interests and normal production and operation order of "network-related"businesses has become the focus of social concern.It is of great theoretical and practical significance to study the judicial identification of crime destroying production and operation in the network era.This article will explore the judicial identification of the following five parts.The first part summarizes the crime of destroying production and operation from the perspective of the network.First,the meaning,features,and role of the network are clearly defined.Network refers to a system composed of a computer or other information terminals and related equipment that collects,stores,transmits,exchanges and processes the information in accordance with certain rules and procedures.Secondly,the paper analyzes the concept,constituent elements and legislative evolution of destroying the production and operation crime.The crime of destroying production and business operation refers to the act of destroying machinery,equipment,harming cultivated livestock or destroying production or business operation by other means by relieving anger or other personal purposes.The object infringing upon the crime of destroying production and operation shall be the complex object,among which the economic interests of production and operation are the main object of the crime,and the normal order of production and operation is the secondary object of the-crime.The objective aspect of the crime is the destruction of machinery and equipment,harming farming and livestock,and "destroying production and operation by other methods".The crime subject is the general subject.The subjective aspect of the crime is intentional.The introduction of the crime of destroying production and operation can give us a clear understanding of the legislative development process of the crime of destroying production and operation.The crime of destroying production and operation stipulated in the current Criminal Law is modified by the crime of destroying collective production stipulated in the Criminal Law of 1979,making more crimes for new models of production and operation applicable.The second part organizes the judicial identification of "machinery and equipment" in destroying production and operation from the perspective of the network.The "machine equipment" in the crime of destroying production and operation includes a network,because the network is an information processing system connected by computers and other information terminals and related equipment,in which computers and other information terminals and related equipment are integral parts of the network,damaging the computers and other information terminals and related equipment in the network will inevitably paralyze the network and affect the smooth progress of production and operation.Network is the new type of "machine and equipment" in the crime of destroying production and operation after the advent of the network era.The third part solves the identification problem of "destroying production and operation by other methods" in the crime of destroying production and operation from the perspective of the network.First,from the perspective of the interpretation principle of criminal law,the four behaviors of "network attack","deleting information and data without authorization","unauthorized tampering with commodity price" and "reverse brushing and credit speculation" as"destroying production and operation by other methods" are in line with、the similar interpretation rules.Secondly,from the perspective of the purpose of the Criminal Law,the above four types of behaviors are evaluated as the standard protection purpose of "destroying production and operation by other methods" in line with the provi.sions of the Criminal Law.Therefore,as the identification method of "destroying production and operation by other methods" from the perspective of the network,"destroying production and operation by other methods" in the crime of destroying production and operation from the network perspective,including "network attack","deleting information data without authorization","tampering with commodity price without authorization" and"reverse brushing and speculation".The fourth part solves the problem of "serious circumstances" in the crime of destroying production and operation from the perspective of the network.Drawing from the Supreme People ’s Court and the Supreme People’s Procuratorate on the Application of Criminal Cases endangering Computer Information System(released on August 1,2011),Article 11 on the provisions of"economic losses" and "damage times",put forward the perspective of network damage production and operation crime "serious circumstances" two identification standards.First,the identification of "economic losses" in the"serious circumstances" should reflect the direct economic losses,damage stop losses and the loss of available benefits.Second,attention should pay paid to the performance and identification standards of "destruction times" in different types of behavior.The fifth part presents a solution to other judicial identification problems in the crime of destroying production and operation under the network perspective.First,on the perspective of network damage production and operation in the crime of successful,attempted judicial identification,from "start",existing standard,respectively for the perspective of network damage generated crime of judicial identification involves "other methods to destroy production and operation" network attack,arbitrarily delete information data,tamper with commodity prices,reverse brush credit four types of attempted form analysis,and put forward for the establishment of the crime does not need conviction and punishment.Secondly,on the judicial identification of the common crime in the crime of destroying production and operation from the perspective of the network,we put forward the four cases of network attack,unauthorized deletion of information and data,unauthorized price of tampering with goods,and counter-brushing and letter speculation.Finally,about the perspective of the network of damage production and operation crime of judicial identification,combined with the analysis of common crime above,the network attack,delete information data without authorization,tamper with commodity price,reverse brush letter four types of cases,there may be imagination of competition,crime and punishment,respectively.