The Theoretical Construction of Object of Digital Economic Criminal Law:Security and Development
The established major policy of fully developing the digital economy has already triggered the germination and growth of Chinese-style digital economic criminal law,and also initiated the digital transformation of traditional economic criminal law.Accurately defining the object and content of traditional economic criminal law is the most fundamental prerequisite proposition.The existing discussions,disagreements,and consensus on the object of the traditional economic criminal law not only highlight the important position of such object and content,but also demonstrate the complexity of theoretical research.Although researchers can draw on"pre-understanding"of the aforesaid discussions,but it is better to take root in the digital economy and set up new objects and contents of crimes through the premise of digital economic criminal law.Currently,although the debates over the object of data-involved crimes enjoy considerably practical rationality,they obscure the particularity,integrity and comprehensiveness of the object of digital economic criminal law to some extent.The integral combination of security and development is the ultimate pursuit and value foundation of the digital economy,and should be the basic concept and general principle of the digital economic criminal law.Considering the application contexts of the digital economy,in combination with the internal and external ecology of the digital economic criminal law,it is able to specify and categorize the protection contents of security and development.The security and development enjoy a relationship of dialectical unity and advanced coordination,and jointly guarantee reasonableness and effectiveness of the objects and contents of the digital economic criminal law.
Traditional Economic Criminal LawDigital Economic Criminal Lawthe Object of a CrimeSecurityDevelopmentTheoretical Construction
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