The Thought Of Criminal Law On Data Crawling By Web Crawler Technology

With the development of big data industry and artificial intelligence,the behavior of crawling data by web crawler technology extends to all parts of cyberspace,and the legal risk of crawling data also rises.At present,the current situation of judicial regulation of Internet crawler cases in China is chaotic.The "first case in China" of the criminal law of crawler leads to the academic thinking on the necessity and rationality of regulating such cases by criminal law.At the same time,there are many deficiencies and difficulties in the regulation of Internet crawler cases by criminal law.Therefore,it is necessary to study Internet crawler cases from the perspective of criminal law This paper tries to find the path of criminal law to regulate such cases,and try to establish the substantive standard of system operation and improve the relevant procedures.The introduction part introduces the writing themes-web crawler crawl data background,web crawler case by the related scholars pay great attention to in recent years,our country the legal regulation system of web crawler case chaos,there is no clear standard,lead to chaos in the judicial practice,in the absence of standard criterions for the conviction of all the punishment is contrary to the principle of a legally prescribed punishment,crawler behavior had no legal boundary,thus leading to the criminal law regulation of network reptiles crawl data rationality and necessity.Then it introduces the current situation of web crawler case governance at home and abroad and the innovation points of this paper.Based on the domestic and foreign countries,the paper begins to write.The second part of the article introduces the related concepts of web crawler technology and the current situation of regulation in China,as well as the legal attribute of web crawler behavior.The purpose is to explain a running rule of web crawler technology and the basic meaning of robot protocol,what role robots protocol plays in regulating the use of crawler technology,and have a basic understanding of the writing object of this article.This paper analyzes the types of regulation path of web crawler behavior,and clarifies several kinds of legal interests that may be violated by web crawler cases,so as to provide ideas for the specific operation of the later criminal law regulation.It is neutral to make clear the legal attribute of web crawler technology,but malicious use is regulated.The object of criminal law is malicious use of crawler technology.First of all,from the perspective of the case,with the typical cases of web crawler,empirical investigation was carried out on the case,each web crawler details of a case of case analysis,combining the referee opinions from the court case,on the basis of the theory of criminal law,from the perspective of constitutive requirements,points out that the court,the referee does not accord with the theory of the existing legal system in China cannot comprehensive effective clear regulation web crawler case,analysis of the existing governance network crawler cases,lay a foundation for the study of the theory of the later.Then it introduces the related concepts of web crawler technology and the current situation of regulations in China as well as the legal attributes of web crawler behavior.The purpose is to explain a running rule of web crawler technology and the basic meaning of robot protocol,how the robots protocol plays a role in regulating the use of crawler technology,and have a basic understanding of the writing object of the article.It analyzes the types of regulation paths of web crawler behavior,clarifies several types of legal interests that may be violated by web crawler cases,and provides ideas for the specific operation of criminal law regulation in the following article.It is clear that the legal attribute of web crawler technology is neutral,but the malicious use is regulated,and the criminal law needs to regulate the behavior of malicious use of web crawler technology.The causes,quantity distribution and criminal charge distribution of web crawler cases are intuitively displayed by means of charts,reflecting the judicial status quo of web crawler cases in recent years.This paper briefly introduces the trend of governance of web crawler cases outside the domain and the existing problems of web crawler governance in China.The treatment of web crawler cases in the United States is gradually easing,mostly in the field of civil law and competition law,and almost no criminal law is involved.The enthusiasm of the United States for digital economy affects the trend of the treatment of web crawler cases.Chaos in the Internet market in China under the situation of governance of web crawler is increasingly severe,through three aspects: the problems of the current criminal law regulation to provide legal governance and train of thought,including: does not identify the web crawler technology measures and all spiders crawling into sin,do not distinguish between network data types and all the SINS,failed to reasonably determine the web crawler into the plot into sin caused wide,provide specific criteria for the perfection of the micro level.In the end,the article puts forward a series of countermeasures to solve the plight of reptile cases by sorting out the above,and specifically considers the regulation of reptile cases from three aspects: theory,legislation and justice.The inclusion of data crawling behavior of web crawlers into the regulation of criminal law is limited by the current criminal law theory.Therefore,first of all,the theory related to data crawling of web crawlers should be improved to adapt it to the criminal law theory,which is the theoretical basis for the regulation of crawler cases by criminal law.Then through legislation and judicial interpretation and other means to improve the criminal law on the network space,data protection and other legal protection,so that there are laws to follow.Finally,according to the difficulties existing in judicial practice above,countermeasures are put forward to solve the difficulties encountered in judicial practice.Linked with each other,the legal system of the criminal law regulating the behavior of web crawler crawling data can reach the standard of concrete application.