Research on Identification Standard and Judicial Determination of Destructive Procedure - Based on Technical Specifications and Legal Provisions

  •  Chaojie Ma    
  •  Xiaoyu Yu    


With the rapid development of Internet technology, the identification of destructive procedures has a dilemma that the legislative purpose is inconsistent with the practice at the judicial level. The traditional identification is generally based on technical specifications, but the legal positioning of the procedure is often ignored in computer network crimes. In order to establish the identification standard of destructive procedures as soon as possible and reduce the judicial problems caused by the identification of procedures, this paper, based on the computer network crime, through the combination of technical specifications and legal provisions, through in-depth analysis of the computer technical parameters and typical cases of crimes of destructive procedures, expounds the technical level to follow the destructive procedure inspection operation specification, at the legal level to subjective malice and serious harm two aspects of the judgment method. The results of the study revealed that the double identification of destructive procedures through technical specifications and legal provisions is not only more practical than ever, but also saves judicial resources and improves litigation efficiency.

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