Current，Human face recognition technology is constantly updating and upgrading，The corresponding technical system has been relatively complete，In contrast，The norm of face recognition technology looks long and far away。As the most severe way of regulation，Criminal Law is used as a guarantee law，Only when the current social governance effect of the current method is not caught，It can be used at first。So，Criminal Law has the need to have a scientific face recognition technology，It also needs to be analyzed in combination with the effect of the pre -regulation system。

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Cases in retrieval of judicial practice，Affecting the technical crime of face recognition system cases: one is the image replacement type，That is, the authentication video of the authenticity of the real -time shooting by the 3D face video produced in advance is used to break through the actual authentication link of the face，The more typical case is (2020) Shanghai 0104 Criminal No. 731 (hereinafter referred to as "Case 1")，The defendant Yang replaced the authentic video content taken in real time with the 3D face video made in advance to break through the real -name authentication link of the face，It is identified as the crime of destroying the computer information system。Second is the technical cracking type，Mainly grabbing package、Technical means such as replacing instructions break through the limit of face recognition，Typical cases are (2019) Fujian 0203 Criminal Early Chronicles bet365 best casino games No. 890 (hereinafter referred to as "Case 2")，In this case，When the defendant needs face recognition on the platform，Using software packaging technology to intercept and save the face recognition identity authentication data package from the platform，Er，Upload the identity information data packet that previously intercepted its own identity information，Make the system mistakenly think that it is compared to its own identity information，It uses my face to compare through the face recognition of the bank system with my face，Successfully used false identity information to deceive the platform，Finally achieve the purpose of breaking the restrictions of face recognition technology，It is identified as the crime of destroying the computer information system。Third is to disassemble and replace the replacement，This type is currently less，Mainly replace the face recognition system through physical means，to achieve the effect that affects the face recognition system，Typical cases are (2020) No. 35, Guangdong 1403 Crims (hereinafter referred to as "Case III")。In this case，The defendant replaces the camera device without authorization for the normal -run face recognition system，Interference its identification function，The computer information system cannot run normally，Serious consequences，It is identified as the crime of destroying the computer information system。

It can be seen from the above case，Although the case of the face recognition system is different，But in the end, it was determined by the crime of destructing the computer information system。But from the constituent elements of this crime，Image replacement case represented by case 1，It does not run the order of the computer information system and is confidentially Bet365 app download confidentiality、Integrity、Availability, which is composed of data security, causing serious damage or threats，It does not infringe on the legal benefits protected by computer crimes，The crime of helping to help information network criminal activities is more appropriate。and the case of technical cracking and physical disassembly，Determine whether it is accurate to destroy the computer information system，It is necessary to compose two crimes of destruction of computer information systems and control computer information systems.。

　Determination of the crimes of the relationship between "destruction" and "control"

Destroy the crime of destruction of the computer information system and the crime of controlling the computer information system is not completely consistent，If you want to accurately clarify the behavioral qualitative of the face recognition related cases，depends on accurately understanding related crimes，The key to the distinction between the two sins is to accurately clarify the difference between "destruction" and "control"。In the relevant views of the academic circles，Clarify the relationship between damage and illegal control behavior，There are two perspectives: existing him with mutual exclusion and tolerance competition。From a practical perspective，Control and defense also formed a point of view of two crimes，The prosecution often believes that it constitutes the felony crime of destroying the computer information system，The defense often believes that it belongs to the light crime of illegal control computer information system。Therefore，The above reasons have caused an illusion that the two crimes are formed between him with mutual reprimation relationship，And this assumption or reverie's crime relationship not only deviates from bet365 best casino games the real existence of the specific behavior method，And causing specific cases to be distinguished by mud。But actually，The original intention of the crime of illegal control of the computer information system is to make up for some punishment vulnerabilities that damage the crime of destructing the computer information system，Therefore, from the beginning of the legislators, the behavior of the two sins is different、There is a different scope of regulation，The dispute in practice also proves this，Therefore, it is necessary to clarify the relationship between the destructive behavior and the control behavior。

According to the interpretation of the Supreme People's Court Justice，After illegal invasion of the computer information system，It does not destroy the function or data of the computer information system，Instead, it is called "Illegal Control Computer Information System" through controlling the acting of a specific operation profit of the computer。The author does not oppose the above views，The essence of illegal control is to obtain a certain operation authority of others without authorization or surpassing authorization，Its behavioral characteristics are to control the computer information system to perform specific operations to profit，When the computer cannot run normally，It is identified as the crime of controlling the computer system.。But the degree of illegal control is light and heavy，It can be completely excluded the control of the right holder，It can also be part of the control of the right holder，Even in the case that does not hinder the normal use of the computer information system，It can also be identified as illegal control through remotely controlling the computer to implement a certain behavior。There are also Bet365 lotto review many situations in the destruction of computer systems，There is a direct damage to the computer information system，Destruction behavior that causes all or partial disorders，It also exists by the computer system that causes the computer system that the computer system cannot be used normally。Therefore, some scholars believe that the crime of destroying the computer information system and the crime of illegal control of the computer information system is imagined，3607_3633，May also coincide，May also coincide，That is, it can be controlled by destroying the computer information system，You can also achieve this purpose without implementing damage，without the need to achieve damage, it does not need to reach the degree of control，The two may coexist due to the facts of the same behavior，Therefore, imagine competition。

Some scholars have proposed，Regardless of the function of computer information system or computer new information system data、Delete of the application、Modify、Add、Interference， Or disseminating destructive programs such as computer virus，All are an unauthorized or transcendent authority without authority，And these behaviors will affect the use of the computer information system，It is difficult to say that it is not a control of the computer information system。So，This view believes that the crime of illegal control of computer information systems and destruction of computer information system crimes are completely tolerant.。Even some scholars believe that illegal control can be completely destroyed by the interference in the crime of computer information system，No need to set up illegal control computer information system crimes alone。But the defect of the above view is，It is difficult to solve in the case that does not hinder the normal use of the computer information system，It implements a Bet365 lotto review certain behavior through remote control and the qualitative problem of the behavior of the behavior of simply damaging the behavior of the computer system，Therefore, it seems inappropriate。

　　Affecting the specific qualitative of the face recognition system case

To sum up，Between the crime of destroying the computer information system and the crime of illegal control of the computer information system, it should be a kind of imagination.。Based on this as a premise, analyze the above cases: in the case 2 of the case，Modification of the actor through the data packaging behavior、Add system data，It is an illegal control to the computer information system，But it does not cause the system function to be substantially destroyed or it cannot run normally，It should not be identified as the crime of destroying the computer information system，It should be identified as illegal control of computer information system crimes。Case III，The behavior of the actor belongs to the imagination combination between the two crimes，According to the principles of the punishment of a felony punishment，Compare the statutory punishment set in the two crimes，It can be seen that the legal punishment that destroys the computers information system is significantly higher than the legal punishment of illegal control of computer information systems。So，When the behavior that affects the face recognition system also violates these two crimes，The crime of destroying the computer information system。

(Author Unit: Department of Customs Law, Shanghai Customs College)