中日刑法涉计算机犯罪客体的比较研究

高度信息化的时代,计算机犯罪方式手段、犯罪客体呈多样性、复杂性的特点,我国刑法的相关规定亟需完善。我国刑法关于计算机犯罪的有关规定存在比较多的缺陷,具体表现在:犯罪客体不明;犯罪客体错位明显;计算机犯罪侵入的“领域”规定狭小;计算机犯罪中单位犯罪主体的法律规定欠缺;计算机犯罪的刑事责任年龄偏高等。我国刑法在立法完善过程中,可以参考理论与实践结合较好的日本刑法。

A Comparable Study of the Object of Computer Crime in the Criminal Law of China and Japan and Its Inspiration

Crime objects and means of computer-related crimes become more and more various and complicated at information age and relative stipulations of our country's criminal law demands to be urgently perfected.There are lots of defects in the stipulations of computer-related crime in our country's criminal law which are specifically embodied as: the objects of crime are ambiguous;dislocation of the objects of crime is obvious;the stipulation of the field invaded in computer-related crimes is rather limited;legal stipulations about the subject of unit crime in computer-related crimes are lacking;the age of taking criminal responsibility for computer-related crimes is rather old.We can refer to Japan's criminal law well combined with theory and practice in perfecting the legislation of our country's criminal law.