On the Charges of Destruction and Illegal Control of Computer Network Crime —— Taking the Ninth Batch of Guidance Cases of the Supreme People's Procuratorate as an Example

Abstract

In Chinese Criminal Law, there are great qualitative disputes about the crime of destroying computer information system and the crime of illegally controlling computer information system. There are some phenomenons such as different evaluations of the same behavior, improper expansion of the semantics of the keyword "destruction", improper limitation of the scope of "illegal control" and so on. Taking the ninth batch of guidance cases of the Supreme People's Procuratorate as the starting point, the author analyzes the deficiencies in the identification of the two crimes in theory and practice, and provides a five-step idea to distinguish the difference between this and that crime, and weaken the emergence of this pocket crime and empty crime.