In the Web3.0 era,data as a factor of production,have gradually become the direct driving force of digital economy,and the protection of disclosed personal data has naturally become an unavoidable and important issue in criminal law research.At present,the discriminative protection of our criminal law leg-islation makes the qualitative criminal law of the act itself cross the two criminal circles and creates the ob-stacle of law application artificially.The application of the crime of infringing on citizens'personal infor-mation has become pocketed;the judicial interpretation is fragmented seriously and the subjective purpose cannot be clearly determined.At present,there are three types of criminal law protection modes for dis-closed personal data:objective technology protection mode,subjective purpose protection mode and mixed mode.In China,we should construct the binary standard of"objective openness is first;subjective purpose is second".Objective disclosure standards emphasize openness and accessibility as the basis for determining wrongfulness.The subjective purpose standard advocates that data processing behavior should conform to the purpose of specific data crime legislation and the theory of social equivalence.The former focuses on the crime judgment,while the latter focuses on the evaluation of crime and punishment.
关键词
已公开个人数据/侵犯公民个人信息罪/二元标准/客观公开标准/合目的性标准
Key words
disclosed personal data/the crime of infringing upon citizens'personal information/binary standard/objective disclosure standard/subjective purpose criterion
维普
万方数据