關于設定制作, 傳播計算机病毒等破배性程序罪的思考

다국어 초록 (Multilingual Abstract)

There are three articles on computer crime in the Criminal Law of the People's Republic of China, from article 285 to article 287. Article 286 states that "Whoever, in violation of State regulations, cancels, alters, increases or jams the functions of the computer information system, thereby making it impossible for the system to operate normally, if the consequences are serious, shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention; if the consequences are especially serious, he or she shall be sentenced to a fixed-term imprisonment of not less than five years.
Whoever, in violation of State regulations, cancels, alters or increases the data stored in, handled or transmitted by the computer information system or its application program, shall be punished in accordance with the provision of the preceding paragraph if the consequences are deemed serious.
Whoever intentionally creates or spreads destructive programs such as computer viruses, thus affecting the normal operation of the computer system, if the consequences are serious, shall be punished in accordance with the provisions of the first paragraph."
With the development of the network in the world, there are many more computer crimes than before, especially creating or spreading destructive programs such as computer viruses crime, a crime which has becomes a major social problem that every country has to deal with. So it's necessary for us to learn the overseas legislations to amend the related provisions, establish independent create or spread destructive programs such as computer viruses crime.

목차 (Table of Contents)

• 一、中國制作、전播計算机病毒等破壞性程序犯罪的立法及評析
• 二、設定制作、전播計算机病毒等破壞性程序罪的必要性分析
• 三、관于設定制作、전播計算机病毒等破壞性程序罪的幾点思考
• 四、結論