In judicial practice,the behavior of physically interfering with environmental monitoring equipment sampling is often recognized as constituting the crime of damaging computer information systems,with the most representative being the Guiding Case No.104 of the Supreme People's Court.However,there are three issues with such judgments,namely,using judicial interpretations to ignore criminal law provisions,using protection of legal interests to ignore constituent elements,and using the system's purpose to replace the system's inability to function properly.The legal interest of the crime of damaging computer information systems should be the normal operation of computer information systems.The behavior of physically interfering with sampling does not comply with Article 286(1)and(2)of the Criminal Law.Among them,the restriction on"interference"in the first paragraph should be carried out from two aspects:the object of conduct and the protection of legal interests.At the same time,the understanding of judicial interpretation should also adhere to the principle of legality of crime and punishment,and be consistent with the provisions of criminal law.
interferencecrime of damaging computer information systemsnormal operationprinciple of legality
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