It is reported that there have been many cyber security incidents all over the country. For example, a few days ago, Guangzhou Tianhe police reported that in recent work, the police found that someone illegally invaded the internal network communication systems and educational resource platforms of schools, universities and educational institutions through the Internet, illegally obtaining, buying and selling citizens' personal information and the use of citizens' personal information. At present, the police have criminally detained the relevant personnel. Today, with the increasing popularity of the Internet and the rapid development of the information society, with the major Internet companies actively promoting their own information security construction and management, information security? This concept has been widely used in all walks of life and all aspects of social life. ?
Consequences of invasion and damage
According to Article 286 of the Criminal Law, the crime of destroying computer information systems by violence, coercion or other means refers to the conviction and punishment of the crime of illegally invading computer information systems. Judging from the provisions of Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Disrupting Computer Information Systems,? After the computer information system is leaked or destroyed, the people's court shall support the victim's request for compensation for the functional damage of the computer information system? : here? Computer information system? Includes computer information system and computer network. Therefore, in the internet age, there will be no ambiguity about the legal provisions on intrusion. As long as the actor uses illegal means to invade the computer network or other electronic information systems with independent functions for the purpose of intentional or gross negligence, it constitutes the crime of embezzlement.
Legal liability
According to Article 286 of the Criminal Law of People's Republic of China (PRC), whoever, in violation of relevant state regulations, invades computer information systems such as state affairs, national defense construction, monetary policy, financial management, health and wellness, or illegally obtains data from computer information systems, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than seven years and shall also be fined. If the criminal acts specified in the preceding paragraph are involved, they shall be convicted and punished in accordance with the provisions of heavier punishment.