Research On The Criminal Regulation Of Illegal Internet Crawler Behavior

Under the premise of automatic grasping of data and information,only when the network crawler technology is rationally used can it have the possibility to benefit all parties in the society.However,the abuse of the network crawler technology occurs repeatedly,so that the illegal crawler behavior layer appears repeatedly,and the network crawler behavior moves from the general infringement to the criminal crime.For the new network crime behavior,China’s existing criminal law system is not perfect.After Shanghai Shengpin Company used the Internet crawler to obtain data and become the first case of "network crawler",it triggered the criminal law theory and judicial practice on the problem of illegal network crawler behavior.Nowadays,with different types of infringing objects,China’s criminal law imposes a variety of charges to regulate the illegal network crawler behavior.Through the analysis and induction of the existing charges,there are still the "crawler" related illegal stealing computer system data into the unreasonable crime standard,the vague provisions of the constituent elements of the specific crime,and the lack of independent status of the data security law.Paper on the basis of clarifying the application range of the technology-neutral boundary principle,directed by the principle of criminal law modesty,starting to explore the reasonable path of illegal network crawler behavior punishment system,proposed to redefine the standard of network crawler behavior illegally illegal computer system data,interpretation in violation of robot protocol,anti-crawler technology measures and the relationship between "illegal invasion".On the premise of maintaining the unity of legal order,the implication of "nation regulations" is restrict as the laws enacted by the National People’s Congress and its Standing Committee and the administrative regulations formulated by The State Council.The departmental rules can only be identified as "state regulations" after technical interpretation,improvement or interpretation of administrative regulations;take "violation of state regulations" as the constituent element of conviction,reconstruct the "serious circumstances" identification standard,and raise the standard of "serious circumstances" while increasing the number of illegal acquisition standard.Determine the independent status of the data security law,and clarify the standard of the data security law.In the stage of perfecting the legislation of the illegal network crawler behavior crime,the deviation of the criminal law on the illegal network crawler behavior should be corrected,and the reasonable punishment regulation path of the illegal network crawler behavior should be clarified under the guidance of the principle of modesty of the criminal law should be realized.