| In the era of big data,web crawler,as a data crawling tool,plays an important role in the flow of data.The rapid development of reptile technology has led to some legal problems.In 2017,the first criminal case of web crawler set off the upsurge of the regulation of web crawler by criminal law in practice,and also triggered the thinking of the theoretical circle on the regulation of web crawler by criminal law.The criminal law regulation of web crawler is an established fact,the key is how to improve the criminal law regulation of web crawler.The first chapter introduces the concept,attribute,working principle and behavior of web crawler.On the basis of understanding the technical characteristics of web crawler,the boundary of illegal crimes of web crawler is analyzed.The second chapter analyzes the current situation of the criminal law regulation of web crawler,including the legislative status and judicial status.Through the analysis of the existing open web crawler cases by the method of empirical research,it is found that the criminal legislation of web crawler has lag and lack of system.In practice,there are some problems,such as unclear boundary of criminal law for web crawlers,increasingly severe regulation of criminal law,pocketed trend of crime identification and inaccurate distinction of crime number.The third chapter defines the crime boundary of web crawler.The network crawler constitutes a crime is the premise of applying criminal law.By referring to the experience outside the domain,on the basis of clarifying the legal attribute and data concept of crawler agreement,the boundary between crime and non-crime of web crawler is defined from two aspects of formal lawlessness and substantive lawlessness.Formal lawless means that the behavior of web crawlers violates national regulations or violates authorization.Those who violate the authorization of crawler agreement or contract bear civil liability and break through anti-crawling measures constitute a crime.Materially unlawful means that the crawling object is illegal and causes substantial infringement of legal interests.The last chapter puts forward suggestions on improving the criminal law regulation of web crawler.In legislation,the benefits of data security law should be highlighted,periodic data protection should be strengthened,and forward-looking legislation should be made to make up for the incompleteness and lag of existing laws.In judicial practice,it always follows the principle of modesty of criminal law,enhances the applicability of charges according to the specific legal interests behind the crawling data,and takes imaginative contesting as the standard to distinguish the number of crimes,so as to achieve the consistency of crime and punishment. |
