Research On Criminal Law Regulation Of Cybercrime Involving Data

The combination of big data industry and Internet technology makes the right of data and information widely valued in the field of criminal law.Cyber crimes involving data take the network as the criminal tool and the digital information in the network platform as the criminal object.On the basis of the main characteristic of combining with related data network crime and domestic legislation present situation analysis related data network crime exists the ownership the contradiction between complexity and legislative lag,front protection requirements and the austerity of criminal law principle of contradiction and fragmented legislation present situation and the systematic legislation needs the contradiction between the three main regulatory difficulties.In view of the three regulatory dilemmas,first of all,it should be recognized that the theory of single ownership cannot solve the problem of law application of data-related cyber crimes in the category of ownership,and data rights should be set up and relevant rule system should be configured.Secondly,from the perspective of risk response,it is necessary to protect data rights in advance by adding legislation methods such as abstract dangerous crime,helping behavior principal offense and preparatory behavior accomplishment,so as to actively deal with the new types of crimes brought by data rights.Finally,the protection system of network data rights in criminal law is established,the legislative principles are determined,and a relatively strict criminal law network is formed with the subjects of rights and the infringing behaviors in order to accurately locate the network crimes related to data and provide sufficient space for the legislative supplement of new crimes.