Research On Criminal Law Regulation Of Internet Platform Data Securit

Data is an indispensable and important production factor and strategic resource in the future world,and the only medium for the flow of information on the Internet.It has a different nature from traditional information.Data security is the foundation for the rational use of data resources.The Internet platform in the era of big data,relying on its technological advantages and strong market position,has extensive data rights and controls a large number of data resources.However,there is a lack of regulation of this subject in the criminal law.The function of criminal law to protect data security should focus on regulating behavior on Internet platforms.This article takes Internet platforms as the research object,focusing on the criminal law regulation issues related to data leakage,data abuse,data cross-border,and other aspects of platform enterprises.The full text is divided into five chapters.The first chapter explains the characteristics of Internet platforms.The Internet platform in the era of Web 3.0 has three typical characteristics:large-scale platform system,multi-scenario integration,and data fragmentation.There are many differences between the nature and behavior methods of traditional criminal subjects,and proposes reasons for adopting a more independent regulatory path.And it discriminates and analyzes the specific concepts and legal significance of data and data security,laying the groundwork for the establishment of the legal benefits of data in the following text,summarizing and summarizing the research disputes on this topic,and clarifying the direction of the issue;The second chapter examines the differences between Chinese and foreign charges related to data crime,and finds that China’s charges are relatively detailed,but the scope of coverage is insufficient,and the intensity and sustainability of administrative penalties have been further improved;The third chapter discusses the theoretical basis for constructing a criminal law regulatory system for data security,mainly demonstrating the independence of data security legal interests and their advantages compared to other legal interest theories.It is proposed that the protection of data security on Internet platforms should adopt a limited and positive criminal policy orientation.Chapter 4 reviews specific issues in criminal legislation,pre rules,platform supervision,and accountability mechanisms based on a summary of phenomena and cases;The fifth chapter proposes three specific countermeasures based on the above issues:building a system,adding charges,and strengthening the coordinated promotion of compliance and supervision.This article expects to strive to achieve the organic unity of three elements:perfect criminal law,sound government management mechanism,effective connection of platform criminal compliance and active supervision,and construct a criminal law regulatory system for data security on Internet platforms in the era of big data,providing protection for the development of digital industry and people’s data security.