Research On The Criminal Law Regulation Of Network Data Crawling Behavio

Since the 21st century,the rapid development of the Internet digital economy era,the network data crawling technology has become one of the indispensable information technology in the development of the Internet.The participation of network data crawling technology is conducive to the enhancement of data value,and data crawling should have remained technology-neutral,plowed deep into the network data industry and made due contributions to it.But where there is sunshine,there is shadow,and as the data crawling behavior gradually falls into legal disputes,the original data crawling technology neutrality quietly breaks,and the criminal law must respond to this.The lack of criminal law has led to the frequent occurrence of data crawling violations,and the root cause is the dilemma of the criminal law of network data crawling.This paper selects four typical cases in judicial decisions,reflecting the controversies of network data crawling in judicial practice from different angles,extracting the focus of controversy in the cases and summarizing "whether ’public information’ belongs to ’open data ’","the limit of ’technology neutrality principle’" and "the form and substance of illegal behavior".The issues are Based on the above issues,we analyze and consider the academic theory and judicial practice from three aspects:the boundary of legality,the necessity of criminal law regulation,and the judgment of illegality of network data crawling,and explore the scale of judicial decision by examining the judicial application environment in and out of the region,understanding the current trend of judicial application,clarifying the types of behaviors criminalized by data crawling,and then analyzing the illegal connotation of network data crawling and the criminal law regulation.In addition,we analyze the illegal connotation of network data crawling and the ambiguity of the boundary of the criminal law regime,and focus on the dilemma faced by network data crawling in judicial practice,so as to provide theoretical support for the criminal law regime of network data crawling.We give countermeasures and suggestions to the criminal law regulation of network data crawling from three perspectives.Firstly,we adhere to the principle of modesty of criminal law,draw on the experience of overseas criminal law of network crawling and combine the situation of China’s judicial practice to balance data security and data sharing,and clarify the position and value orientation of criminal law.Secondly,to make a typological distinction between "wrongful act" and "wrongful object" and improve the boundary of legality of network data crawling.Thirdly,by limiting the object,means and purpose of data crawling,the conditions of legality of network data crawling behavior are integrated.Ultimately,the criminal law of network data crawling is conceived to provide an appropriate path for the protection of data security and sharing in judicial practice.