Digit,data,and information are the basic concepts of the information society.In criminal law,the definition and scope of data determine the scope and depth of data protection by criminal law.In the traditional sense,data and digit are closely related,but the advent of computer language has partially detached data from digit;a large amount of information is also presented in the form of data,but information is only one of the manifestations of data,and data also includes functional program instruction.There are explicit and implicit data in the text of the Criminal Law,and implicit data are easily overlooked.In judicial practice,there are unreasonable phenomena such as judges'generalizing the concept of data,ignoring the value of data,erasing the differences in data attributes,and assimilating data information.It is advisable,on the basis of clarifying the concept of data in the Criminal Law,to assess the social harmfulness of data infringement in terms of the value of data,and to determine the nature of data infringement based on the attributes of data such as state secret,property,and intellectual property right,and to make clear the independence of information in some offenses,so as to realize the protection of data rights and interests and the crackdown on data infringement by the Criminal Law.
DigitDataInformationthe Text of the Criminal LawJudicial Practice
万方数据
维普
