计算机病毒犯罪的刑法重构

传播计算机病毒犯罪的案件越来越多地呈现在人们面前,但是我国刑法上如何对此准确定义和定性,目前还很难形成一致的看法.实践中,我国刑法规制出现的漏洞使我们不得不对此问题重新思考.应当从新的视角对计算机病毒的概念作界定,并以此为前提,从计算机病毒分类的角度对计算机病毒犯罪进行重构,探究在当前刑法规范的体系下计算机病毒的不同分类在刑法中所应对应的不同罪名.

The Reconstruction of Criminal Law on Crimes of Spreading Computer Virus

Spreading computer virus crime has appeared in the increasingly tendency,but for China's criminal law it is still very difficult to achieve consensus on how accurate this definition and characterization.In practice,our criminal legislations have loopholes in the system so that we have to rethink this issue.What we want is to define the concept of computer viruses from a new perspective.Then use it as a prerequisite,classified computer virus crime from the perspective of the reconstruction and explored that different classifications by the criminal law should deal with the various offenses in the current penal standardized system of computer viruses.