Criminal Law of People's Republic of China (PRC) (1adopted at the second session of the Fifth National People's Congress in July, 1979,1revised at the fifth session of the Eighth National People's Congress in March, 1997, and implemented since June, 1997) (according to. Article 285 provides as follows:
1. Whoever, in violation of state regulations, invades computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
2. Whoever, in violation of state regulations, invades a computer information system other than the one mentioned in the preceding paragraph, or uses other technical means to obtain data stored, processed and transmitted in the computer information system, or illegally controls the computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three 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 three years but not more than seven years and shall also be fined.
3. Providing programs and tools specially used for invading or illegally controlling computer information systems, or knowingly providing them to others, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
286th acts in violation of state regulations are as follows:
1. If the functions of the computer information system are deleted, modified, added or interfered, so that the computer information system cannot operate normally, and the consequences are serious, it 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.
2. Whoever, in violation of state regulations, deletes, modifies or adds data and applications stored, processed and transmitted in the computer information system, thus causing serious consequences, shall be punished in accordance with the provisions of the preceding paragraph.
3. 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.
Article 287 provides as follows:
Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
Article 29 Whoever commits one of the following acts shall be detained for not more than five days; If the circumstances are serious, they shall be detained for more than five days and less than ten days:
Invading computer information systems in violation of state regulations, causing harm;
(two) in violation of state regulations, delete, modify, increase or interfere with the functions of the computer information system, so that the computer information system can not operate normally;
(3) Deleting, modifying or adding data and applications stored, processed and transmitted in the computer information system in violation of state regulations;
(four) deliberately making and spreading destructive programs such as computer viruses, which affect the normal operation of computer information systems. In order to promote the advantages and eliminate the disadvantages, promote the healthy development of China's Internet, safeguard national security and social public interests, and protect the legitimate rights and interests of individuals, legal persons and other organizations, the following decisions are made:
1. In order to ensure the safe operation of the Internet, any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(1) Invading computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology;
(2) Deliberately making and spreading destructive programs such as computer viruses to attack computer systems and communication networks, causing damage to computer systems and communication networks;
(three) in violation of state regulations, the computer network or communication service is interrupted without authorization, resulting in the normal operation of the computer network or communication system.
Two, in order to protect the legitimate rights of individuals, legal persons and other organizations, one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Investigate criminal responsibility:
(a) using the Internet to insult others or fabricate facts to slander others;
(two) illegal interception, tampering, deletion of other people's e-mail or other data, infringing on citizens' freedom and privacy of communication;
(three) using the Internet for theft, fraud, extortion.
Article 18 stipulates that users should obey the management of access units and abide by the user code; Do not enter the computer system without authorization and tamper with other people's information; Do not spread malicious information on the Internet, send information in the name of others, or infringe on the privacy of others; Do not manufacture or spread computer viruses or engage in other activities that infringe on the legitimate rights and interests of the network and others.
Article 20 stipulates that interconnected units, access units and users shall abide by relevant state laws and administrative regulations and strictly implement the national security and confidentiality system; Do not use the Internet to engage in illegal and criminal activities that endanger national security and reveal state secrets, and do not produce, consult, copy or disseminate harmful information that endangers social security and obscenity; If harmful information is found, it shall be reported to the relevant competent department in time, and effective measures shall be taken to prevent its spread.
Twenty-third violation of the "Interim Provisions" and these measures, as well as other relevant laws and administrative regulations, shall be punished in accordance with the provisions of relevant laws and administrative regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fourth provisions of the Hong Kong Special Administrative Region and Taiwan Province Province and Macao computer information network networking, referring to these measures.
Article 25 These Measures shall come into force as of the date of promulgation. Article 6 of Decree No.33 of the Ministry of Public Security "Administrative Measures for the Security Protection of Computer Information Network International Networking" stipulates that no unit or individual may engage in the following activities that endanger the security of computer information network:
(1) Entering a computer information network or using computer information network resources without permission;
(2) Deleting, modifying or adding the functions of computer information network without permission;
(3) Deleting, modifying or adding data and applications stored, processed or transmitted in computer information networks without permission;
(4) Deliberately producing and disseminating destructive programs such as computer viruses;
(five) other acts that endanger the security of computer information networks.
Fifteenth provisions of the Internet service business units and consumers shall not engage in the following activities that endanger the security of information networks:
(1) Deliberately producing or spreading computer viruses and other destructive programs;
(2) illegally invading the computer information system or destroying the functions, data and application programs of the computer information system;
(3) Other activities prohibited by laws and administrative regulations.