Sduty Of Criminal Data In The Era Of Big Data

The data under the big data age crime of criminal law protection is the protection of the data itself,not just to the running process of big data protection from criminal law,the final focus on analysis of large data behind the protection of information.So the era of big data data crime criminal law regulation of the crime of information are the core of regulation.Throughout our existing data crime criminal law system,part of the existing legislation on legislation blank,even if some of the problems have criminal law,but its content cannot meet the needs of current society.In judicial practice,the judicial explanation too pay attention to the spatial characteristics of network,rather than the understanding of the data itself value and protection,due to the case of qualitative problems in practice.Now in the era of big data data path there are two main types: crime of criminal law is a continuation of existing property rights protected mode,data or information related to the economic interests of the artificial for the property,as a general thing,violation of property crime in criminal law system of sanctions.Another is to avoid the property dispute of real right change mode.From the data acquisition and use of level and establish the qualification of data acquisition and data using the proper range,through the elaboration illegal access to data,to establish norms,at the same time to limit data using the limited to get the data of legitimate purpose range,and the use of the data cannot be authorized the use of the break out from its way,and to the end of the termination of the authorization.This paper is dedicated to from the era of big data under the data protection,the necessity of the existing criminal law on crime of criminal law protection system,the existing data to analyze the difficulties to protect data crime,finally established the era of big data data the path of the crime of criminal law protection,and discusses and puts forward the path of perfecting legislation and judicial interpretation.