Research On Criminal Law Regulation Of Data Crime In The Age Of Big Data

With the rapid development of network technology and the popularization of mobile data terminals,the massive amount of data in cyberspace has increased,and the technology for processing and transporting data has become more advanced.The era of big data,known as the third wave of social revolution,is accelerating into people’s lives.In the era of big data,data packets include ordinary personal data,business data of enterprises,and national data related to national security.Data has become a core element in cyberspace,and there is great value of profit,attracting technical hackers and criminals to illegally obtain and use it,and touch the boundaries of criminal law.In the era of big data,there are various channels and methods of data infringement,and the larger the amount of data involved,the wider the scope,and the greater the harmful consequences caused.Therefore,different from the criminal law protection of the previous computer society,the protection of data in the era of big data should be carried out from all aspects such as the storage,collection,processing and transportation of data.Although some data crimes can be criminally regulated,the legislative purpose embodied in itself cannot meet the regulatory requirements of data crimes in the era of big data.Starting from the two aspects of the crime of illegally obtaining data and the crime of destroying data,new crimes focusing on the interests of data security laws should be added,and a criminal legal system for data crimes covering the entire life cycle of data should be established.In judicial practice,judicial interpretations rely too much on systematic thinking to interpret data,neglecting the value of data itself,and causing qualitative troubles in data crime cases in practice.We should put aside systematic thinking,conduct qualitative research on data from the perspective of data security and legal benefits,and limit and refine the acquisition and use of data.In the choice of the path of criminal law system,it is necessary to abandon the traditional property rights protection model and use the data-centered non-property protection model.This paper focuses on analyzing the risks encountered by data in the era of big data,the current regulatory system of data crimes in China’s criminal law,and the dilemma of the criminal system of data crimes,and finally follows a reasonable path of data crime criminal law system,and puts forward sound opinions on the legislation and judicial interpretation of China’s criminal law system data crime.