Home >

The Standard Of Hacker Conviction And Sentencing Has Been Determined.

2011/8/30 8:30:00 33

Hacker'S Conviction And Sentencing Standard

The Supreme People's court and the Supreme People's Procuratorate jointly issued the 29 day.

Interpretation of some issues concerning the application of law in handling criminal cases endangering computer information system security

The eleven judicial interpretations came into effect on September 1, 2011.

Judicial interpretation deals with the conviction involved in the crime of endangering computer information systems.

Sentencing standard

The unit crime, joint crime, terminology definition and other issues further clarify the applicable standards of relevant criminal cases.

重点内容包括：明确了非法获取计算机信息系统数据、非法控制计算机信息系统罪，提供侵入、非法控制计算机信息系统程序、工具罪，破坏计算机信息系统罪等犯罪的定罪量刑标准；规定了对明知是非法获取计算机信息系统数据犯罪所获取的数据、非法控制计算机信息系统犯罪所获取的计算机信息系统控制权，而予以转移、收购、代为销售或者以其他方法掩饰、隐瞒的行为，以掩饰、隐瞒犯罪所得罪追究刑事责任；明确了对以单位名义或者单位形式实施危害计算机信息系统安全犯罪的行为，应当追究直接负责的主管人员和其他直接责任人员的刑事责任；规定了危害计算机信息系统安全共同犯罪的具体情形和处理原则；明确了“国家事务、国防建设、尖端科学技术领域的计算机信息系统”、“专门用于侵入、非法控制计算机信息系统的程序、工具”、“计算机病毒

The specific scope and procedures of such destructive procedures are defined; the connotation and denotation of "computer information system", "computer system", "authentication information", "economic loss" and other related terms are defined.

Answer questions and answer questions

Two high: cut off the interests chain of network crime from the source

The head of the "two high" research room answered the reporter's questions on the judicial interpretation.

Q: what are the considerations in the interpretation process?

A: in order to ensure that the contents of the interpretation are scientific and reasonable, and to adapt to the development of the situation and meet the needs of judicial practice, we have focused on the following points in the drafting process.

First, scientifically and rationally determine the standard of conviction and sentencing for crimes of endangering computer information system.

In order to provide a standard of conviction and sentencing for judicial practice, many provisions in the interpretation relate to quantity or amount.

Based on the severe attack on the crime of endangering the safety of computer information system, based on judicial practice, we implemented the criminal policy of Combining Leniency with severity, and made corresponding provisions on the quantity and quantity standards.

Second, focus on cutting off the profit chain that endangering the computer information system security crime. The relevant provisions of the interpretation clearly define the criminal liability of various acts such as making hacker tools, selling hacker tools, illegally obtaining data, illegally controlling computer information systems, reselling illegally acquired data, and reselling the control rights of computer information systems that are not controlled by law, which is beneficial to cut off the interests chain from the source.

contain

Crime of endangering computer information system security

spread

and

Flooding

。

Q: how do we deal with the disguise and concealment of computer information system data and control actions?

Answer: "interpretation" stipulates that it is illegal to obtain data from computer information system data crime, illegally control the control of computer information system acquired by computer information system crime, and to pfer, purchase, sell on behalf of, or disguise or conceal in other ways, so as to conceal and conceal the conviction and punishment of a crime.