Law School of Northwest Normal University, Lanzhou, Gansu, China
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.
Crime of destroying computer information system; Crime of illegally controlling computer information system; Qualitative analysis of computer crime
Yuanyuan Sun. 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. Academic Journal of Humanities & Social Sciences (2022) Vol. 5, Issue 6: 61-66. https://doi.org/10.25236/AJHSS.2022.050612.
 Hu Yunteng. Opinions on criminal procedure of cybercrime and understanding and application of relevant judicial interpretations [M]. Beijing: People's court press, 2014:109, 94-9.
 Yu Xiaohai. Judicial practice analysis and normative meaning reconstruction of the crime of destroying computer information system [J]. Law of Jiaotong University, 2015 (03): 140-154 DOI: 10.19375/j.cnki. 31-2075/d.2015.03.013.
 Li Gang, Li Tao. Discrimination between the crime of illegally controlling computer information system and the crime of destroying computer information system -- from the perspective of short two act crime [J]. Chinese prosecutor, 2021 (14): 38-41.
 Wang Yu. A behavioral perspective of computer information system crime -- from the perspective of the boundary and concurrence of "destruction" and "illegal control" [J]. Journal of Jiangxi Police College, 2019 (02): 108-113.
 Liu Hongyan. A study on the elements of the purpose of shortening the second act crime [J]. Politics and law, 2014 (07): 138-146 DOI: 10.15984/j.cnki. 1005-9512.2014.07.001.
 Zhang Mingkai. On the Shortened Crime of Two Acts [J]. China law, 2004, issue 3.