Multi-Dimensional Analysis and Regulatory Path of Criminal Compliance Risks in the Digital Economy
In the context of the digital economy,while online platforms and data elements bring economic value to market entities such as enterprises,they also increase the potential for these entities to face criminal legal risks.Taking the behavior types of enterprises participating in the digital economy as the starting point,this article ex-plores the criminal compliance risks that market entities may face in areas such as network data security,cyber-space security,digital intellectual property rights,as well as other key domains,and elaborates on these risks from the perspectives of object dimension,spatial dimension,and legal interest dimension.In the object dimension of criminal compliance risks related to data security,enterprises face risks of criminal compliance in data collection,data usage,and data management when organizing and applying data resources.In the spatial dimension of criminal compliance risks related to cyberspace security,besides considering the characteristics of criminal acts,criminal composition,and the issue of multiple offenses,attention should also be paid to other dimensions of crime in the digital economy,such as the spatiality of the internet.In the legal interest dimension of criminal compliance risks related to digital intellectual property rights,criminal cases related to intellectual property rights in the digital econ-omy exhibit four main characteristics,including the close combination of intellectual property rights infringement crimes with cybercrimes,digital service software becoming new objects of infringement,most criminal subjects in cases of trade secret infringement being internal employees of enterprises,and insufficient evidence retention capa-bility of infringed enterprises.In addition to the above"general"typological schemes,there are also some types that have a significant impact on the digital economy but are not positioned in an intermediate position and cannot serve as principal offenders of actionable behavior,such as advertising compliance(misconduct)and operational compli-ance(monopoly behavior).To enhance enterprises'ability to deal with criminal compliance risks,practical regu-latory paths should be proposed:First,at the theoretical level,enterprise compliance management systems should be constructed,guided by incentive principles,principles of consistency between rights and obligations,and prin-ciples of systematic governance.Second,at the basic logical level,a multi-dimensional enterprise digital economy criminal compliance risk prevention should be achieved,through the construction of a criminal compliance digital platform,the strengthening of monitoring and early warning mechanisms,and supervision and evaluation mecha-nisms.Third,at the practical path level,regarding the object dimension of data security,a data classification and grading protection mechanism should be constructed and continuously optimized,the core responsibility system for enterprise data compliance should be established,and corresponding data compliance regulations should be im-proved;regarding the spatial dimension of cyberspace,enterprises'network security obligations should be clarified,and regular reviews and evaluations of network security compliance management systems and implementa-tion mechanisms,as well as periodic evaluations of the work performance of network compliance management per-sonnel,should be conducted;regarding the legal interest dimension of digital intellectual property rights,a compre-hensive digital intellectual property rights compliance framework should be established,and enterprises should es-tablish sound processes for digital intellectual property rights application,protection,and management,and actively utilize advanced technologies such as big data and artificial intelligence.Fourth,at the level of supporting manage-ment mechanisms,external supervision of digital compliance should be strengthened,digital criminal compliance legislation should be promoted,and collaborative governance of digital compliance should be facilitated.Through the regulatory paths of digital economy criminal compliance risks mentioned above,enterprises can gain advanta-geous positions in the process of digital economy development.
digital economydata crimecriminal compliancedigital compliance
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