Research On Legislation Of Data Crime In The Era Of Big Data

Big data is not a mineral deposit,but a soil.Open data is the river on the land.Where the river flows,it will breed a developed data civilization.With the advent of the era of big data,the number and types of data crimes show a terrible acceleration trend.This is because,as a new means of production and an important factor of production,data has a huge energy to reshape the space of social activities.At the same time,security issues in the era of big data seriously threaten national security,social security and personal security,and infringe on the legal interests of real space and data space.In order to meet these security challenges,China and the world's major economies,especially Germany,have formed a scientific and rigorous way of governance through the formulation of special cyberspace protection laws and criminal law provisions to regulate crimes in the field of data.At present,China's national governance capacity and governance system modernization is accelerating,but the current criminal law still has some regrets on the problem of data crimes,restricting the ability to regulate data crimes.In this article,the author studies the legislation of data crime in order to benefit the date criminal legislation of our country.The full text totals more than 20,000 words,is divided into four parts,mainly from the concept and characteristics of data crime,China's data crime legislation status and existing problems,foreign data crime legislation experience and reference significance,the current data crime legislation in China,and other aspects of the proposal.The first part is about the concept,characteristics and the trend of development of data crime.This part introduces the background of the big data era and its development history,explains the impact and challenges of big data on national security,public security,personal security and so on,and then comprehensively interprets the concept,characteristics and development trend of data crime.The second part is about the current situation and problems of data crime legislation in China.This part mainly introduces the legislative process of network data crime in China,and discusses the shortcomings of current legislation of datacrime in China from the judicial practice of protecting personal privacy,protecting trade secrets and protecting national security.The third part is about the legislative experience and reference significance of foreign data crime.This part mainly from the German and the United States on the field of data crime research and legislative practice,a comprehensive interpretation of the protection of data interests in the context of large data reference model.The fourth part of the current China's data crime legislation recommendations.Based on the viewpoints of the first three parts,this part points out that we should base on the risks and challenges faced by the current data security in our country,formulate the legal principles in accordance with the development trend and characteristics of large data,construct the accusation system with the data legal interests as the core,and establish the criminal security mode which is connected with the "Network Security Law".