Under the background of the digital economy,a new round of technological revolution centered on intelligent technologies such as artificial intelligence,cloud computing,and blockchain is becoming an important engine for China's high-quality economic development and productivity leap.However,data crime raises several challenges,including the confusion surrounding data information,the wide protection objects,the diverse types of criminal behavior,and significant disputes over the classification of cases in judicial practice.Therefore,actively exploring the governance model for data crimes from the perspective of dual-layer legal interest is of great significance in addressing these issues.Firstly,it is essential to clarify the hierarchical nature between data security legal interests and information security legal interests,advocating for a dual-layer legal interest where both coexist,fully leveraging their natural advantages in precise identification of legal interests,exercising interpretive and guiding functions,and implementing the concept of balancing data security and utilization.Secondly,the dual-layer legal interest perspective should be applied to assess the conformity of constitutive elements of data crimes,narrowing the scope of data crime.Meanwhile,incorporating the principle of proportionality,judicial review of the punishment scope for actions infringing upon data security legal interests should be conducted from three aspects:appropriateness,necessity,and proportionality.
关键词
双层法益观/数据犯罪/非法获取计算机信息系统数据罪/数字经济/比例原则
Key words
dual-layer legal interest view/data crime/crime of illegally obtaining computer information system data/digital economy/principle of proportionality
维普
万方数据