制作、传播计算机病毒罪的解读

On Crime of Production and Spread of Computer Virus

通过对制作、传播计算机病毒罪罪名、犯罪构成及刑事责任进行解读,从而得出:该罪的名称应是制作、传播计算机病毒罪,而不应该是破坏计算机信息系统罪;主体中的自然人最低年龄应当降低并把单位纳入其调整的范围;主观认定上应采纳严格刑事责任;刑罚配置上应增设罚金刑和资格刑。

The paper analyses the charge, constitution and criminal responsibility of producing and spreading computer virus and comes to the following conclusions： the charge is the crime of producing and spreading computer virus, and doesn＇ t fall into the crime of disrupting computer information system ; the age of natural person should lower and the unit should be included; as far as the assumption of jurisdiction in a case is concerned, the subject should take strict criminal responsibility for his crime; and qualification and fine penalties should be added to the punishment.