Research On Difficult Issues In Criminal Law Regulation Of Network Data Crimes

The current understanding of the legal benefits of network data crime is caught in a conflict of anxiety,the applicability of data crime regulation through the interpretation of the criminal law computer crime evidence to be discussed,the current criminal law on data security crime regulation to adopt a point protection model,not taking into account the development of data security legal benefits and the full cycle of the life of the data crime,the norms are difficult to cooperate with each other,but lead to the problem of cross-identification of crime and the problem of misfit between crime and punishment,network The regulation of data crime through the expansion and interpretation of existing norms needs further refinement.The computer information system is not the only way to obtain the value of data,and the positioning of the legal interests of cyber data crime has changed.The precautionary trend in criminal legislation and the arbitrariness of the data determination have led to competing data crimes,and if the criminal law adopts a vague approach to the determination of data,it will also lead to unclear expectations of economic activities in the data field.A new hierarchical and categorical protection system centred on the legal interests of data under the chapter on obstruction of the social management order of the criminal law is the solution to the above regulatory difficulties.The criminal law should be interpreted and applied in a manner that focuses on the criminalization of illegal access to data.The interpretation and application of criminal law should focus on the essential characteristics of cyber data crimes,focus on the principle of substantive interpretation at the level of regulatory concepts,and unfold under the guidance of the principle of unity of the legal order,making a distinction between the attributes of data rights,the effectiveness of the act and the value of the object,and the cognitive construction of criminal law and other sectoral laws on data rights and interests should be mutually supportive and structurally stable,and through the establishment of a more scientific and reasonable system of crimes and penalties fully consider the characteristics and impacts of different levels and types of data,realise the principle of adaptation of crime and punishment,strengthen coordination and cooperation in the articulation between criminal law and regulations in the field of data,improve the specific application of the data classification and classification protection system in the criminal law system,and avoid the risks brought about by the lack of articulation.