On The Criminal Law Regulation Of Web Crawler

In the digital era,it is common for web crawler to get data maliciously.It is of great significance to discuss the illegality and criminal law regulation of web crawler.Combining with typical cases of web crawler,this paper focuses on the focus of criminal law regulation in judicial practice,and analyzes the different standards of web crawler illegality determination from two aspects of form illegality and essence illegality.This paper explains the fuzzy understanding of criminal objects from the aspects of the provisions on data in legislation,the understanding of data in judicial practice and the definition of the legitimacy of obtaining typed data.This paper analyzes the fuzzy positioning of the damage result of web crawler behavior from the identification of "quantity","illegal income" and "economic loss".In order to solve the practical dilemma of the regulation of criminal law for web crawlers,the following suggestions are put forward: first,strengthen the review of the illegality of web crawlers;second,establish the criminal law protection mechanism of data classification and classification;third,improve the evaluation of crime amount in judicial interpretation.