论计算机犯罪概念

On the Concept of Computer Crime

随着社会信息化程度的深入,计算机犯罪日益严重地扩散到社会生活的各个层面。关于计算机犯罪的概念,中外学者众说纷纭,莫衷一是,争论焦点往往是计算机在犯罪中所处的地位,笔者认为这一“焦点”只是根据计算机犯罪的表象所进行的归纳、总结,而不是计算机犯罪区别于它罪的本质特征。换言之,众多学者对计算机犯罪概念的界定只是回答了:什么是(或者好像是)计算机犯罪?而没有追问:它为什么是计算机犯罪?

With the deepening of the social informization, computer crime spreads into all aspects of the society more and more seriously. As to the concept of computer crime, domestic and foreign scholars hold different views. The focus of their discussion is on the position of computer in crimes. The author of the article thinks that the 'focus' is merely a kind of summary based on the external features of computer crimes, but not the nature of computer crimes which distinguish itself from other kinds of crimes. In other words, many scholars only answer the question of 'What is computer crime? (Or it seems that) But they do not question closely 'Why is it computer crime?