On the jurisdictional differentiation between administrative offenses and criminal offenses in data violation
Data is one of the core elements of the new productive forces.Administrative law,represented by the Data Security Law,has already paid sufficient attention to data illegal acts.However,the regulation of data crimes in criminal law has not been updated in a timely manner.This has led to a situation in the field of data crimes where,in pursuit of uniformity in punishment,administrative illegality is simply substituted for criminal illegality.Data crime is a type of purely administrative crime,and the jurisdictional differentiation of data illegal acts needs to be specifically judged in conjunction with the Theory of Comprehensive Differences in Quality and Quantity of purely administrative crimes.In terms of"quality",the core of data crime's legal interests should be taken into account,and the boundary between crime and non-crime should be delineated in conjunction with the Theory of Legal Interest Relevance.In terms of"quantity,"the principle of proportionality should be used to weigh the amount of"quantity"and assist in judging the boundary between administrative illegality and criminal offenses.At the same time,even if it is already included in the category of data crimes,the Excessive Triviality of Quantity should also be considered as an important factor in the jurisdictional differentiation of data illegal acts,and it should serve as a ground for preventing unlawful aspects.
data crimeadministrative offensejurisdictional differentiationtheory of comprehensive differences in quality and quantity
国家科技期刊平台
NSTL
万方数据
