Research On The Judicial Application Of The Crime Of Sabotaging Computer Informationg System

The Internet is developing with a booming trend and constantly transforming social lifestyles,and computer crimes relying on the Internet will also emerge in an endless stream.As far as crimes against computer information systems are concerned,such cases account for a significant proportion of overall computer crime cases.By combing through relevant cases and guiding cases issued by the Supreme People’s Court,this article shows that in judicial practice,there are problems such as different characterization of similar acts,different understanding of the number of crimes,and a trend of "pocketing" judicial application in the identification and application of the crime of damaging computer information systems.The fundamental reason lies in the deviation in the understanding of the protection of the legal interests,the conduct of the crime,the elements of the crime,and the non-crime in judicial practice,which leads to the improper expansion of the determination of the crime of destroying computer information systems and undermines the credibility of the judiciary.Based on this,this paper adheres to the idea of discovering problems,analyzing problems,and solving problems,and the main contents are summarized as follows:In the first part,the author investigates the background and significance of the topic and the research status of this crime at home and abroad,introduces the main research methods of this topic,reflects on the research results of this topic at this stage,and summarizes the innovation points and shortcomings of this topic.In the second part,this paper examines the judicial practice of the crime of damaging computer information systems as a whole,and details that is,the freelancer information database is searched with the crime of damaging computer information systems as the keyword,screened,and the remaining 77 valid samples are analyzed and summarized,and the problems existing in the judicial practice of the crime of damaging computer information systems are summarized.The third part analyzes the dilemma of the judicial application of the crime of damaging computer information systems,and analyzes the reasons for the confusion in the judicial application of the crime of damaging computer information systems.In the fourth part,this paper analyzes the problems reflected in the sample cases from the aspects of protecting legal interests,implementation behavior,elements of crime,crime and non-crime,and re-examines the crime of destroying computer information systems from the perspective of judicial application through case analysis and literature analysis,combined with the research results of this crime at this stage and the difficult problems of the crime of destroying computer information systems in judicial application.