Data property rights are a new type of right with property rights attributes,which are significantly different from virtual property rights and intellectual property rights.Data property rights belong to the public legal interests protected by criminal law,and they should be included in the legal interests of the market economic order.The current criminal law's provisions on property crimes,intellectual property crimes and data crimes are unable to fully protect data property rights.The protection of data property rights in criminal law should be aimed at promoting data circulation and should cover all stages of data processing.When criminalizing infringement of data property rights,the act of obtaining data"without consent"should be carefully criminalized.The crime of obstructing the order of data circulation management should be added,and criminal laws should be imposed on"serious"behaviors that obstruct the order of data circulation management.
data property rightsproperty rightslegal interest positioninglack of criminal law protectionmarket economic ordercrime of obstructing data circulation management order
万方数据
维普
