On The Judicial Determination Of The Crime Of Damaging Computer Information System

Defining the object of this crime generally as the social management order will lead to the generalization of the determination of this crime,resulting in the phenomenon of "pocket crime".According to the current functions of computer information systems and the status of owners or users,it is appropriate to define the object of this crime as a complex object.Its specific connotation is the operation safety management order of computer information systems and the operation safety of computer systems."This crime can only be constituted if the act of destroying a computer system infringes both the operational security system and the operational security of the computer system,and the circumstances are serious.".Through empirical research on 687 cases,it is concluded that the main ways to damage computer information systems are: first,to create and disseminate destructive programs and software such as viruses.The second is to provide and sell software,programs,and other tools that have destructive functions on computer information systems.The third is Distributed Denial of Service(DDOS).Fourth,modify the information parameters of computers,programs,and software,reset passwords,and other methods to control computers,programs,and software,allowing users to lose control of the computer information system.The fifth is traffic hijacking.Deleting,modifying,or adding data to a computer information system that does not cause substantial damage to the system’s functionality or inability to function properly shall not be recognized as a crime.The act of deleting,modifying,or adding general data that is not related to the security of a computer information system should not be considered a crime of destroying the computer information system."Interference" behavior is not a cover clause for the crime of destroying a computer information system.Interference behavior,in contrast to the "adding,deleting,or modifying" approach,primarily involves influencing the transmission and reception of electromagnetic signals within the computer information system.The object of this crime is the program and data that carry the safe operation of the computer information system,rather than referring to the program or data stored by the computer in general.The perpetrator of this crime,a general subject,should have the clear aim of annihilating the computer information system.Grasping the core elements of the above crimes can better distinguish this crime from other computer crimes,and can also distinguish this crime from the crime of aiding information network criminal activities.