Core tip: Provisions "if the circumstances are serious, three years imprisonment or criminal detention, or impose a fine; if the circumstances are especially serious, more than three years of fixed-term imprisonment of seven years and shall also be fined".
according to the Xinhua News Agency on the network "hacker" crime is becoming more and more serious under the background of the 22 National People’s Congress, began consideration of the criminal law amendment (seven) draft specially added to the relevant provisions, to crack down on the crime.
draft, invade other computer information system outside the state affairs, national defense construction, cutting-edge science and technology, access to storage, processing or transmission of computer data in the information system, or the implementation of illegal control of computer information system, if the circumstances are serious, three years imprisonment or criminal detention, or impose penalties; if the circumstances are especially serious, more than three years of fixed-term imprisonment of seven years and shall also be fined.
draft, "provided specifically for intrusion, illegal control of computer information systems, tools, or knowingly others to intrusion, illegal control of computer information system crime and to provide programs and tools, the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph."
interpretation of theft QQ password can be held criminally liable
of the China University of Political Science and Law College of criminal justice professor Yu Zhigang spoke highly of the criminal law amendment: "this clause added to broaden against hacker crime areas, the establishment of a hierarchical punishment system, can be said to fill the vacuum system of criminal law in the fight against cyber crime."
Yu Zhigang said that most people think that the implementation of the hacker crime is genius, but in fact more than 90% of the suspects have only rudimentary knowledge of computer and network.
, however, the current criminal law of our country only for the illegal invasion of state affairs, national defense construction, advanced science and technology in the field of computer information system crime stipulated: three years of fixed-term imprisonment or criminal detention. Yu Zhigang said: "the current criminal law only for three types of ‘hacker’ crime, the scope of application is very narrow, can not cover a large number of other networks’ hackers’ crime." The limitations of the current criminal law also makes the judiciary in the fight against "hackers" when facing legal problems. The study of cyber crime and the Ministry of public security experts pointed out: "the computer information system, some criminals use technical means to trespass law outside, steal others’ account number, password and other information, or in a wide range of other computer implementation of illegal control, seriously endanger network security. Such serious violations should also be investigated for criminal responsibility."
criminal law newly organized pyramid selling crime
The draft amendment of
defines its constitutive requirements
, according to Xinhua news agency, the National People’s Congress on the second day of the second instance of the criminal law amendment (seven) on the basis of the addition of the organization of the crime of pyramid schemes, to further clarify the constitutive elements of the crime form of the 22.