Research On The Criminal Law Regulation Of Crimes Endangering Data Securit

At present,data as a booster to promote social development,"wealth pool","new energy" and "diamond mine" are coming one after another,indicating the important value of data to human production and life in the future.With the vigorous development of China’s digital economy and the gradual deepening of data application,data has risen to the national basic strategic resources,which is related to political stability and economic development.Nowadays,crimes against data security are becoming more and more frequent under the new situation of rapid changes in science and technology,and the demands for data security are rising sharply,which lays the necessary premise for the active intervention of criminal law.The criminal rule of law system is an important tool to effectively ensure social progress,scientific and technological innovation and economic development.However,the regulation of such crimes in the current criminal law has lagged behind and can not cope with the update of violations of data security in the era of big data.The protection of data security is insufficient,incomplete and indirect,and the data connotation and concept of data security are unclear The lack of independent status of legal interests and the inability of judicial practice to crack down,so the criminal law itself needs to keep pace with the times.Facing the increasingly important and concerned data security,we should get rid of the above shackles in the research and make corresponding adjustments and changes with the development of the times,which is not only the development demand of the society,but also the inevitable choice of the times.Carry out relatively comprehensive,systematic and in-depth research on crimes endangering data security,deepen the understanding of data development in the current data age,give sufficient criminal law protection to data security as an emerging legal interest type,and build a legal barrier to protect national security in the new era.This paper will demonstrate from the following five aspects:Chapter 1,Related concepts of crimes endangering data security: The intergenerational evolution of the Internet affects the change of data connotation.The data is no longer limited to the computer information system,but all the data in the dynamic flow process.In the context of big data,data often refers to digital symbols existing in the network,which are isomorphic with information in content.However,the connotation of data is different from big data,information system,personal information,trade secrets,state secrets and intelligence,as well as data in crimes related to computer information system.Security is the basis of data security,and data is the core of data security.Protecting data security is to protect the integrity,confidentiality and availability of network data.Nowadays,the crime of endangering data security has become a new criminal system in the new historical stage,with a tendency towards specialization,collectivization and accelerated development,and the actual harm has become greater.Based on this,the criminal law began to explore the independent protection of data.Chapter 2,The intrinsic causes of criminal law regulation of crimes endangering data security: In the era of big data,data,as a new focus and keyword,occupies a dominant position in the whole information network.It has the new characteristics of subject diversity and equity aggregation.It has become the protagonist of the data era and provides a steady stream of power for the healthy and stable development of the data economy.Due to the development of social data,massive data has gradually become the target of crime.The increasing number of criminal acts with data as the core has triggered multiple security risks such as the state,society and individuals,highlighting the necessity of criminal law regulating crimes endangering data security.Chapter 3,The current situation and plight of criminal law regulation of crimes endangering data security: The current criminal law realizes the protection of data security through the indirect protection mode scattered under different charges.There are only a few charges for direct data protection,which has not risen to the height of protecting network data security.The judicial practice did not form a unified opinion in the face of cases involving data infringement,and most of them were convicted of "the crime of illegally obtaining computer information system data" and "the crime of destroying computer information system",which led to the dilemma of criminal law governance.Following the principle of legality of crime and punishment,it failed to effectively regulate the severe network data security situation,and there are some shortcomings,such as the lack of personal indirect data protection,the lack of careful protection of enterprise and national data,the lack of system of data charges,and the scope of legal interests protected by criminal law,which weakened the crackdown of criminal law and failed to meet the legal needs of society,data security is difficult to be fully guaranteed.Chapter 4,Theoretical proof of data security as a new type of legal interest: The task of criminal law is to protect legal interests.The change of data connotation makes the existing legal interests in criminal law unable to accommodate them.The existing protection has obvious narrowness,dependence and lag.It is the mission given by the change of times to protect data security as a separate evaluation standard and independent legal interest status.On the one hand,the implementation of the data security law affirms the status of data security as an independent legal interest.On the other hand,the trend of establishing a legal system with data security as the core is gradually flourishing all over the world.After the identification of the judgment criteria of legal interests(the purpose,content,object and conditions of protecting interests)and the determination rules of emerging legal interests(formal and substantive levels),data security can be established to become the type of emerging legal interests.Especially under the guidance of China’s overall national security concept,the independent legal interest status of data security can better respond to the social requirements of criminal law to regulate data infringement.Chapter 5,The improvement path of criminal law regulation of crimes endangering data security: Macroscopically,establish a data centered non real right protection mode to ensure the benign and healthy development of data related business forms,so as to give full play to the maximum utility of data.At the same time,form complete sanctions for criminal acts including the whole data process of "illegal generation-illegal collection-illegal storage-illegal utilization",coordinate development and security,and take the principle of key guarantee,the principle of economic benefit,the principle of moderate foresight and the principle of modesty as the guiding direction of effective data governance.At the micro level,establish a crime system with data security as the core,add relevant crimes,and implement the concept of "parallel dual path" when the behavior of infringing data is further extended to other crimes.In addition,the basic elements of crime are restated in terms of data security law benefits,and the criminal objects of different levels of data,criminal acts in different circulation processes,and criminal results of different degrees of infringement are analyzed,so as to promote the improvement of criminal laws and regulations for crimes endangering data security.Therefore,by combing the changes of data connotation and deepening the understanding of data value,it reflects that relying on the existing legal interests of criminal law to regulate crimes endangering data security can not give comprehensive protection to data security.Data security must be given the status of independent legal interests of criminal law,and formal,direct and clear dynamic protection should be implemented for data security,so as to effectively crack down on criminal acts violating data security,build a scientific data security criminal law guarantee system.