英文摘要 |
As a protective measure, criminal law' s comprehensive involvement in legal safeguards for data in the digital age has become inevitable. China' s regulation of digital crime under criminal law exhibits an intertwined path of legislation and judicial action, involving categories of offenses such as computer data crimes, personal information crimes, state secret - related data crimes, business secret- related data crimes, and other data- related crimes. Rather than establishing specific charges for data crimes, the criminal law encompasses these crimes within a cluster of offenses. This cluster is primarily centered around computer data crimes and personal information crimes, supplemented by other data- related crimes. It manifests characteristics of indirect protection, multiple layers of protection, and targeted protection. Given the current circumstances, it is recommended to uphold the current cluster - based model for regulating data crimes within the framework of criminal law, while also moving away from the reliance on prioritizing criminal law in this context. Looking ahead, with the precondition of completing data ownership confirmation through antecedent laws, a relatively inclusive offense related to infringing data rights can be established. This will further fortify the criminal legal framework, better addressing the practical requirements of safeguarding data rights. |