Abstract:Compared to traditional local documents, shared documents with real-time collaboration as the main feature are more conducive to improving information integration efficiency and ensuring real-time updates of information content. However, they also provide a breeding ground for crimes that infringe on citizens’ personal information, leading to upgraded criminal methods, new crime scenes, a larger amount of involved information, and a wider range of information circulation. This type of criminal risk poses a serious threat to citizens’ personal information rights and their associated personal and property rights, and urgently requires criminal law to address it. The process of using shared documents for information integration involves multiple subjects such as document creators, retweeters, fillers, modifiers, replica creators, and holders. Each subject assumes different roles and has differences in specific behavior. Based on typological thinking, typical behavior types of different subjects should be considered separately to determine whether they meet the behavioral requirements of the crime of infringing on citizens’ personal information, and to determine the specific path of criminal law regulation. The amount of information involved in the case is crucial for determining whether the perpetrator is guilty or not, as well as for determining the severity of the punishment. When determining the quantity, attention should not only be paid to general identification rules but also to the handling of special situations caused by the collaborative editing and real-time updating of content by multiple people in shared documents.
黄陈辰. 共享文档信息整合中的刑事风险与刑法应对[J]. 《深圳大学学报》(人文社科版), 2023, 40(5): 97-106.
HUANG Chen-chen. Criminal Risks and Criminal Law Response in the Process of Information Integration through Shared Documents. , 2023, 40(5): 97-106.