篡改高考志愿面临何种罪与罚

Crime and Punishment of Tampering with Application for College Entrance

文章分析了2016年青岛篡改高考志愿案的刑罚认定,该案最终以破坏计算机信息系统罪论处,其理由是认为该行为达到了其他严重后果,但是要适用法条表述的兜底条款,应当要求适用对象在行为性质、社会危害度等方面与刑法以及相关司法解释规定的定罪量刑条件具有同质性或者是相当性。而篡改高考志愿行为在行为性质、社会危害度等方面不具有后果严重的程度,原裁判具有扩大解释的倾向。实际上该行为的程度轻于破坏计算机信息系统犯罪,应评价为侵犯通信自由犯罪更为合适。

A crime of tampering with application for college entrance in Qingdao City in 2016 is ultimately identified as the crime of destroying computer information system for causing other serious consequences. For the application of the fallback provision in the legal article, the application object should have homogenous or equivalent nature of behavior and social harm degree with those in the provisions of the conditions of conviction and sentencing in the criminal law and related judicial interpretations. However, the behavior of tampering with application for college entrance does not have serious consequences in view of its nature of behavior and social harm degree. The original verdict has the tendency of expanding interpretation, the behavior is lighter than the crime of destroying computer information system, and it is more appropriate to punish it as the crime of infringement of freedom of communication.