Independence Review, Legal Benefit Determination, And Prevention And Control Plan Of Data Security Crimes

The punishment of data security crimes in the existing criminal law system shows great defects.The relationship between computer information system,information and data is highly relevant,but the criminal regulation of the three cannot be generalized.Under the condition that the technology development is more mature and the recognition of the independence of the three is more clear,the former is limited by the technology development and cognitive concept in the process of criminal law formulation,The regulatory system that does not completely distinguish the three is difficult to fully deal with the reality of today’s data security crimes,resulting in frequent governance disorder due to the absence of norms.Data security crime is different from computer information system crime.At the same time,there are also corresponding weaknesses in evaluating data security crime based on the crime of violating personal information.In many unknown risk societies brought by the development of science and technology,the objective requirement is to face the data security risk induced by the rapid change of today’s technological means in an active preventive manner.The independence of data security crime becomes the face of the development of data industry.It is necessary to maintain data security.Whether an act constitutes a crime should be determined according to whether it infringes the legal interests protected by the criminal law,and data security crime is no exception.The promulgation of the Data Security Law has confirmed data security as an independent legal interest in legislation,but there are many different opinions on the determination of data security legal interest.The technical characteristics of data security should not be translated into the content of data security legal interests,which has the basic principles and internal requirements for the establishment of illegal interests,and will lead to the loss of its ontological and methodological significance.At the same time,in view of the characteristics of the dynamic flow of data,we should also pay attention to the impact of legal interests and the evolution of the ontology and content of the data security legal interests from the perspective of dynamic development,and clarify the basic contents of the data legal interests including personal security,social security and national security.In view of the diversity of data security crime scenarios,the evolution of the subject’s identity and the current situation of crime and governance that do not distinguish between data types and levels,and in combination with the many side risks that may be induced in the process of data security crime,the sanction measures based on post-punishment are inadequate,so it is necessary to achieve the functional supplement of data security crime governance through other ways.The criminal compliance system,as a crime governance model that starts active prevention in advance,does not violate the current governance model in the process of introducing data security crimes.It has institutional harmony and operational feasibility.As for the criminal compliance plan for data security crimes,it should not only have the common features of the general criminal compliance plan,but also establish the corresponding key points of the special compliance plan according to the differences and characteristics of each stage of the data dynamic circulation link.To achieve the basic requirements of the effectiveness of the criminal compliance plan.