Analysis of the Crime of Damaging Computer Information System

Abating the Phenomenon of “Pocket Crime” of Cybercrime

DOI

10.2991/978-2-494069-89-3_133How to use a DOI?

Keywords

Legal interests; Crime pattern; Damaging computer information system crime; Pocket crime

Abstract

In recent years, the number of judicial practice cases of crimes against damaging computer information systems has climbed with the rapid development of science and technology. The controversy about how to apply this crime has become increasingly controversial. Especially in the context of a risky society, the protection line of criminal law is in advance, making the boundaries of this crime extended and more ambiguous. From the perspective of legal interests protected by this criminal provision and its implementation, this paper clarifies the boundaries of this crime and analyses the significance of this crime in practice in the context of traditional crimes or new cybercrime. This paper also describes the implicated relation of the perpetrator for committing multiple acts and clarifies the criteria for conviction when there is a "concurrence of crime" with traditional type crimes. As a result, over-expansion of this crime that would blur the boundary between this and the other crime could be avoided. In order to further clarify the scope of application of crimes against computer information systems, this paper also advocates combining relevant judicial practice cases, drawing on the German "shortened two-act offenders" theory and advocating the unity principle of subjectivity and objectivity. These approaches can improve the efficiency of judicial application and provide powerful help for regulating and preventing cybercrime.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Bixuan Hao
AU  - Xinya Xue
AU  - Ao Zhang
PY  - 2022
DA  - 2022/12/30
TI  - Analysis of the Crime of Damaging Computer Information System
BT  - Proceedings of the 2022 5th International Conference on Humanities Education and Social Sciences (ICHESS 2022)
PB  - Atlantis Press
SP  - 1138
EP  - 1153
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-89-3_133
DO  - 10.2991/978-2-494069-89-3_133
ID  - Hao2022
ER  -