Author(s)

Xiaotong Ye

Corresponding Author

Xiaotong Ye

Abstract

This article delves into the criteria for identifying "destructive programs" in the context of the rapidly developing information technology and the crime of damaging computer information systems. Through the analysis of 35 judicial decisions, employing legal empirical research, case studies, and comparative law methodologies, the study systematically examines the concept, characteristics, and challenges in identifying "destructive programs." The research unveils the ambiguities in current legal determinations and puts forward suggestions for optimizing the identification criteria from both legislative and judicial perspectives. The aim is to enhance the fairness and accuracy of judicial decisions and provide legal support for the security protection of information systems. This study offers significant reference value for improving regulations, guiding practices, and raising public awareness of information security. It establishes a multi-dimensional framework for identification criteria, providing guidance for legal practice and laying a foundation for academic research.

Keywords

Crime of Damaging Computer Information Systems; Destructive Programs; Identification Criteria