再论计算机犯罪概念

Further on the Concept of Computer Crime

犯罪学与刑法学都以犯罪作为主要的研究对象,但是由于两种学科的任务和目的不同,导致犯罪学与刑法学是两种不同的语言环境。计算机犯罪概念在犯罪学和刑法学的定义中也会存在较大的差异,此差异是目前计算机犯罪概念难以形成统一认识的最重要的原因。如果在犯罪学语境中定义计算机犯罪,那么计算机犯罪的外延包括以计算机作为犯罪对象的计算机犯罪和以计算机作为犯罪工具的计算机犯罪。

Both criminology and criminal jurisprudence mainly target on crime. However, the differences in the task and purpose of these two subjects make them exist in totally different language environment. The concept of computer crime is also defined differently in criminology and criminal jurisprudence, which is the main reason why it is hard to reach a common understanding of the concept of computer crime. If computer crime is defined in criminology, the extension consists of crime in which computer serves as object of crime, and crime in which computer serves as instrument of crime.