Throughout the information history of Technology,human society has experienced several innovations in information concepts and technological breakthroughs,from the web 1.0 era characterized by the unidirectional and limited scope of information transmission,the development of Web 2.0 ERA is characterized by information opening and sharing,information manufacturing and multi-node communication.Today,the scientific and technological revolution represented by Big Data has promoted the integration of the three networks,communication networks and other emerging information industries with social reform,economic development and human progress,the human society has entered the big data era of the web 3.0 ERA characterized by the intelligent internet and the interconnection of data and information.In this era,data has become the core element to promote the harmonious development of society and stimulate the vitality of all kinds of market subjects.And the laws that make up the base and superstructure,especially the criminal code,are actively adapting to society and keeping up with technological developments.However,due to the inherent traditional thinking of criminal law,the existing criminal law protection system is difficult to form a comprehensive comprehensive protection of data security,not conducive to the steady development of the digital economy.Based on the legal interest of data security,this paper discusses the differences and relations between the legal interest of data security and the traditional legal interest,and then sets up a set of relatively perfect criminal law protection system of data security in order to deal with the current endless data crimes.The main body of this article is divided into four chapters:The first chapter focuses on what is related to the concept of technology and data security risks.First,it focuses on explaining what big data is,the characteristics of big data and the role and impact of big data on real life.Secondly,big data,as a data resource,has existed since the early days of computer technology.Why has it developed so vigorously in recent years.This paper introduces cloud computing technology from the thinking of this problem,expounds the concept of cloud computing technology and its key technology,and emphatically explains the relationship between big data and cloud computing technology.Finally,this paper puts forward the security hidden danger brought by the technology innovation of Big Data and cloud computing technology.The second chapter focuses on the deep-seated reasons behind the growing prevalence of data crimes.From the "What" in the first chapter into the"Why"in this chapter,to understand where the problem is,in order to be precise strategy,medicine to disease.Data crime is rampant day by day,the author thinks that this is caused by many aspects,but due to the limitation of space and the coordination of the article structure,this article mainly from two aspects to explore,one is the reason of data crime itself,the other is the reason of social level.Chapter Ⅲ and Chapter Ⅳ are the main structure of this paper.Specifically,Chapter Ⅲ focuses on the three existing criminal law regulatory paths for data crimes and the reasons for adopting this path,as well as the problems existing in each path.At the same time,in general,the three regulatory paths do not play the role of "1+1>2",on the contrary,because the boundary between the paths is not clear,resulting in such internal contradictions as overlapping charges and so on,which is not conducive to the perfect protection of data security.The fourth chapter has carried on the concrete system design and the overall system arrangement to the data security protection on this foundation.First of all,this paper proposes that the related concepts and legal interests should be updated and reconstructed.Specifically,the data crime object should be changed from "Computer information system data"to“Network data",expanding the scope of data protection on the basis of getting rid of the limitation of the concept of“Computer Information System”.Therefore,it is necessary to break through the traditional understanding and establish the legal interest of data security,which is a new type of criminal law interest,so that data security can get rid of the subordinate position of Computer Information System security,to adapt to the diversity of data types and the rapid increase in the number of social reality,improve the protection of data security.Secondly,this paper puts forward the change of legislation system,and makes it clear that the legal interest of data crime protection should not only be the legal interest of data security,but also include the legal interest of traditional criminal law,that is,the duality of legal interest of data crime protection,therefore,the dual types of data crimes are introduced,that is,data crimes are divided into data crimes based on data security legal interests and data crimes based on traditional criminal legal interests.On the basis of this cognition,the paper focuses on the construction of the dual data security criminal law protection system,which takes the data security legal interest as the core,such crimes should be regulated according to the corresponding system of data crimes,that is,the crime of illegally obtaining network data,the crime of destroying network data,and the crime of illegally selling,providing and using network data Regarding the data crime based on the traditional criminal law legal interest,although it is based on the infringement way and the direct object of infringement,it belongs to the data crime in the classification,but according to the nature of its infringement of legal interests,it can be regulated by the traditional system of criminal norms,including computer crimes,information crimes and property crimes.Therefore,a perfect data security criminal law protection system is constructed. |