Legal analysis
Hackers generally refer to people who are good at IT technology and computer scientists. Hackers are proficient in various programming languages and operating systems, and grow with the development of computers and networks. The word hacker originally refers to computer experts, especially programmers, who are enthusiastic about computer technology and have a high level. Later, it was gradually divided into white hat, gray hat and black hat, among which black hat was a hacker. In media reports, the word hacker often refers to software hacker, and the antonym of hacker is white hat. The crime of destroying computer information system can be divided into two types: the first one is a criminal act aimed at other people's computer resources, also known as invasive computer crime. The second is the crime of using computer resources as a tool, which is also called crime place computer crime. The subject of the crime of destroying computer information system is the general subject, that is, any natural person with criminal responsibility at the age of 16 can constitute this crime. What can really constitute this crime is usually those professionals who are proficient in computer technology and knowledge, such as computer programmers, computer operators, management and maintenance personnel, etc. The object of the crime of destroying computer information system is the security of computer information system. Objects are all kinds of computer information system functions, data and applications stored, processed or transmitted in the computer information system.
legal ground
Article 286 of the Criminal Law of People's Republic of China (PRC), who, in violation of state regulations, deletes, modifies, adds or interferes with the functions of the computer information system, thus causing the computer information system to fail to operate normally and the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years. Whoever, in violation of state regulations, deletes, modifies or adds data and applications stored, processed and transmitted in the computer information system, with serious consequences, shall be punished in accordance with the provisions of the preceding paragraph. Whoever intentionally produces and spreads destructive programs such as computer viruses, which affects the normal operation of computer systems and causes serious consequences, shall be punished in accordance with the provisions of the first paragraph. Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the first paragraph. Article 286-1 A network service provider who fails to perform the obligations of information network security management stipulated by laws and administrative regulations and refuses to make corrections after being ordered by the regulatory authorities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance under any of the following circumstances, and shall also, or shall only, be fined: (1) Causing a large number of illegal information to be disseminated; (2) Causing the disclosure of user information and causing serious consequences; (3) Causing the loss of evidence in criminal cases, and the circumstances are serious; (4) There are other serious circumstances. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.