System Review and Path Construction of Criminal Law for Data Crimes
At a time when data elements have become a key part of Chinese social and economic transformation,the regulatory logic of data crimes in penal law is still limited to the traditional frame-work,computer crimes+other information crimes,failing to complete the transformation of the evalu-ation system with date security as the core legal interest,resulting in multiple difficulties such as ambig-uous legal interests,disordered layout,and limited scope of adjustment.It is necessary to supplement the relatively independent perspective of date security and reshape the path of criminal regulation of data crimes,that is,to implement the top-level thinking of categorized and hierarchical protection system,form a classification mechanism based on departmental special protection and supplemented by the allo-cation of subjects'rights and interests,and vertically carry out a classification strategy that takes data importance and harm as comprehensive measurement elements.Build an obligation matrix around the full life cycle of data,and clarify the criminal responsibility of data processors in cases of illegal data re-tention,illegal data exit,data abuse,and data fraud.
Data CrimesData SecurityCategorized and Hierarchical ProtectionFull Life Cycle of Data
万方数据
维普
