Research On Criminal Law Protection Of Data Security Under The Framework Of Classification And Classification

With the continuous development of digital technology,data has gradually become an important national strategic resource,and the protection and rational use of data security has also become the focus of my country’s criminal law research.The data classification and grading framework in the Data Security Law should become the logical premise of data security criminal law protection,and on this basis,the criminal law protection model of data security should be adjusted and improved.In the first part of this paper,it mainly discusses the basic concepts of data security and data classification and grading system.First,it analyzes data security and the normative value of data classification and classification system,and affirms the importance of data security and data classification and classification system.The data classification and classification system is analyzed,and the principles and standards that should be followed in the process of data classification and data classification are discussed respectively,and the provisions on the data classification and classification system in my country’s "Data Security Law" are discussed.In the second part of this paper,the main issue is the theoretical basis of criminal law protection of data security.First,the three easily confused concepts of data,computer information system and information are clarified respectively;secondly,the legal benefit attribute of data security is further developed.Analysis shows that the data security criminal law protection system based on the computer information system security legal interest as the core of my country’s criminal law can no longer meet the requirements of modern judicial practice.As a new type of legal interest,the data security legal interest cannot be covered by the computer information system security legal interest.The value of protection;finally,an appropriate data classification and grading system is formulated based on the identification of the legal interests of data security.In the third part of this paper,it is a comparative analysis of the criminal legislation protection mode of data security.After comparing the existing criminal legislation protection models of data security in Germany and the United States,we try to find a perfect path for criminal legislation that is in line with my country’s national conditions.Criminal law protection for the full cycle of data,the addition of charges that take data as an independent criminal object,the construction of a data classification and grading protection system,and the improvement of sentencing standards.In the fourth part of this paper,it is the research and analysis on the practice of criminal justice protection of data security.The criminal judicial protection of data security in my country currently has problems such as the trend of pocketing data crimes and the differentiation of convictions.The specific manifestations are the blurred boundaries between data crimes and the lack of standards for the identification of data crimes and other related crimes.Therefore,it is necessary to abide by the principle of statutory crime and punishment in the process of judicial determination of data crimes,so as to solve the problem of the pocketing trend of data crimes.Grading and clarifying the criminalization standards and the range of penalties,so as to solve the problem of different convictions for data crimes.