Research On Criminal Legal Protection Of Code Space Right

Sharing economy,Internet of Things,artificial intelligence,big data,5G and other new words and technologies have become the synonyms of this era,and at the same time,many new interest demands have been generated.These new interest demands urgently need to be brought into the vision of criminal policy.Such is the right of code space shown by sharing economy.In recent years,crime has been committed against code space,especially in the area of the Internet of Things.Sharing bike as the focus of Shared economy as iot industry representative,when a single object connected to the Internet,the individual content of legal interests have also changed,but most of the existing research from the perspective of traditional legal interests,no can take into account the display code space,therefore,the code space right are especially necessary to criminal legal means to protect.Code space right has the personal law and the super dual attribute,the personal law benefit to the criminal law protection,accord with the purpose of criminal law,and provide the theoretical basis for the legislation and judicial practice,is conducive to maintaining the order of network economy at the same time,also for other legal interests into the new criminal law policy provides an opportunity to view for building a network of systematic,scientific crime legislation laid a solid foundation.Taking shared bikes as an example,this paper introduces the content of code space rights,puts forward three types of illegal behaviors against shared bikes,and confirms the nature of the behaviors.Comparing the grape case of "sky-high price" from two aspects of form and content,this paper studies the application of illegal behaviors of sharing bikes in the crime of theft and destruction of production and operation,and finally draws a conclusion that the new legal interest of code space right is protected by the crime of theft and destruction of production and operation.The body of the article consists of five parts.he first part is the introduction,which mainly covers the background of criminal legal protection of code space right,the significance of the research and the research methods used in this paper.It also provides the foundation for the writing of the whole article by sorting out the relationship between sharing economy and shared bikes,and the research on "new rights" after 2007.The second part is to propose code space rights and introduce the basic content of code space rights.Through the debate about the relationship between bike-sharing and sharing economy,"code space right" is introduced,pointing out that it is this new right that determines the legal attribute of sharing economy and lays the power foundation for providing legal protection and regulation for sharing economy.This paper introduces the basic content of code space right from three aspects: the related concept of code space right,systematization and the necessity of code space right.The third part is the necessity of criminal legal protection of code space right.For code space rights criminal law protection has legitimacy,and combing the current judicial practice to Shared cycling related crime types,applicable laws to the inherent requirement of code space rights to analysis and evaluation,and analysis on Shared cycling property violations of criminal law,and sum up the code space rights violations.The fourth part is the reasonable path of code space right criminal law protection.In order to analyze the criminal elements of the crime involved in the right of code space,the legal interests expressed by the right of code space are brought into the criminal law system.The fifth part is the conclusion,which summarizes the research achievements and shortcomings of the paper,and makes a prospect for the future research.