Definition and sentencing of the crime of damaging computer information systems
Violating national regulations by deleting, modifying, adding or interfering with the functions of computer information systems, causing the computer information system to fail to operate normally, with serious consequences , shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than five years.
Interpretation: Definition and Sentencing of the Crime of Damaging Computer Information Systems
Interpretation of Criminal Law: Article 286 Definition and Sentencing of the Crime of Damaging Computer Information Systems
Two Hundred Article 86 Whoever violates state regulations by deleting, modifying, adding or interfering with the functions of a computer information system, causing the computer information system to fail to operate normally, with serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, he shall be sentenced to more than five years Imprisonment.
Anyone who violates national regulations by deleting, modifying, or adding data and applications stored, processed, or transmitted in a computer information system, with serious consequences, shall be punished in accordance with the provisions of the preceding paragraph.
Anyone who intentionally creates and spreads computer viruses and other destructive programs that affects the normal operation of the computer system and causes serious consequences shall be punished in accordance with the provisions of paragraph 1.
Explain that this article is about the crime of intentionally damaging the functions of computer information systems, the crime of intentionally damaging the data and applications of computer information systems, and the crime of intentionally creating and disseminating destructive programs. * * * Divided into three parts.
The first paragraph is about the crime and punishment of damaging the functions of computer information systems. According to the provisions of this paragraph, the crime of damaging the functions of computer information systems refers to violations of national regulations by deleting, modifying, adding, or interfering with the functions of computer information systems, causing the computer information system to fail to operate normally and causing serious consequences. "Violation of national regulations" here refers to violation of national regulations on protecting computer security. At present, it mainly refers to violations of the "Computer Security Protection Regulations of the People's Republic of China"; "Computer information system functions" refers to the functions and capabilities of computers to collect, process, store, transmit and retrieve information in accordance with certain application goals and rules. ; "Delete" refers to deleting the original computer information system functions so that they cannot operate normally; "Modification" refers to changing the original computer information functions so that they cannot operate normally; "Add" refers to adding to the computer system A certain function causes the original function to be affected or destroyed and cannot operate normally; "interference" refers to destroying the function of the computer information system by other methods other than deletion, modification, or addition, so that it cannot operate normally; "inability to operate normally" "It means that the computer information system loses its function and cannot operate, or the functions of the computer information system cannot operate according to the original design requirements; "serious consequences" generally refers to the damage to the functions of important national computer information systems; the consequences to the country, collectives, organizations or individuals. Serious economic losses; causing adverse social impact, etc. According to the provisions of this paragraph, serious consequences are an essential element of this crime, and those that do not cause serious consequences do not constitute this crime. This paragraph stipulates two levels of punishment based on the seriousness of the crime: first, if the consequences are serious enough to constitute a crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of more than five years. The so-called "extremely serious consequences" mainly refer to destroying the functions of the country's particularly important computer information systems; causing particularly significant economic losses to the country, collectives, organizations or individuals; having particularly bad social impacts, etc.
The second paragraph is about the crime and punishment of intentionally destroying data and applications of computer information systems. According to the provisions of this paragraph, this crime refers to the act of violating national regulations by deleting, modifying or adding data and applications stored, processed or transmitted in a computer information system, causing serious consequences.
"Violation of national regulations" here refers to violation of national regulations on computer management. At present, we mainly refer to the provisions of the "Computer Security Protection Regulations"; "data stored, processed or transmitted in computer information systems" refers to all text, symbols, sounds, images and other content actually processed in computer information systems. A combination of meanings; the so-called "computer program" refers to a sequence of coded instructions executed by a device with information processing capabilities such as a computer in order to obtain a certain result, or a sequence of symbolic instructions or a sequence of symbolic statements that can be automatically converted into a sequence of coded instructions; " "Computer application program" is a way for users to use the database. It is a program written by the user according to the logical structure of the sub-schema granted by the database to operate and calculate data. "Delete operation" refers to deleting all or part of the data and applications stored, processed or transmitted in the computer information system; "modification operation" refers to the modification of the above data and applications; "add operation" refers to adding to the computer information system New data and applications. The "serious consequences" defined here mainly refer to deleting, modifying, adding and other operations to the data and applications of important computer information systems, seriously damaging the effective operation of the computer information system and affecting normal work and life; the data of the computer information system And after the application is destroyed, huge economic losses are caused, etc. The crime in this paragraph should cause serious consequences. If it does not cause serious consequences, it will not constitute this crime. "Penalty in accordance with the provisions of the previous crime" means that those who commit the crime stipulated in this paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years.
The third paragraph is about the crime and punishment of intentionally producing and disseminating damaging programs. According to the provisions of this paragraph, this crime refers to the act of deliberately creating and spreading computer viruses and other destructive programs, affecting the normal operation of the computer system and causing serious consequences. "Intentional production" defined here refers to the act of writing and designing destructive programs for computer information systems through computers; "intentional dissemination" refers to directly importing or exporting destructive programs through computer information systems (including networks), or sending, The act of distributing and selling software that has introduced destructive programs; "computer destructive programs" refer to interfering programs hidden in executable programs or data files and running inside the computer. A typical destructive program is a computer virus. "Computer virus" refers to a set of computer instructions or program codes that are compiled or inserted into a computer, destroy computer functions or data, affect computer use, and can replicate itself. Its essence is unauthorized program loading. Computer viruses are contagious, excitable and latent, and are extremely harmful and destructive to large, medium, small and micro computers and computer networks. It is the most serious method used by computer criminals to attack computers. It may take away a large amount of money, manpower and computer resources, and even destroy various files and data, causing machine paralysis and causing irreparable losses. Computer viruses, like general biological viruses, are diverse and contagious and can replicate and spread. Some viruses spread very quickly and destroy the system as soon as they invade the system. Some viruses have a long incubation period and only attack after a period of incubation. The so-called "affecting the normal operation of computer systems" refers to the failure of original computer information systems and applications after the outbreak of destructive programs such as computer viruses. The "serious consequences" stipulated here are the elements of this crime, which mainly refers to affecting the normal operation of important computer systems, causing serious damage to normal working order, causing serious economic losses and adverse effects; affecting the normal operation of computer systems and causing other serious consequences. consequences. "Penalty in accordance with the provisions of paragraph 1 of this article" means that whoever commits the crime stipulated in this paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.