Abstract:In the context of new economic crimes, digital technology not only brings excellent social changes and challenges to the application of criminal law norms, but also provides an opportunity for the transformation of the paradigm of the application of criminal law norms, and provides an impetus for China to explore an autonomous development path of the rule of law. In judicial practice, the position of criminal law regulation of enterprise data rights and interests has the problems of inaccurate focus of legal interests and inadequate appropriateness of legal policies, which damages the judicial judgment function of criminal law norms, destroys the authority and credibility of criminal law norms, and may hinder the development of data circulation and digital technology. For the criminal law regulation of infringing on the rights and interests of enterprise data, we should adhere to the doctrine of criminal law restraint, take a negative preventive position, and give full play to the leading role of civil law, administrative law and other pre-laws and regulations in regulating the market economic order. Criminal punishment for using loopholes in enterprise data rules needs to meet the requirements of criminal illegality and appropriate consequences simultaneously. The punishability of violating the rules of enterprise data management requires not only that the behavior has the illegality of the pre-law, but also that the enterprise cannot obtain unfair benefits. Given the improper acquisition of enterprise data without technical intrusion and objectively preventing data monopoly, the intervention of criminal law has no substantive legitimacy and should not be punished by criminal law in principle.
房慧颖. 新型经济犯罪背景下企业数据权益的刑法保护限度[J]. 《深圳大学学报》(人文社科版), 2025, 42(3): 98-107.
FANG Hui-ying. The Limitation of Criminal Law Protection of Enterprise Data Rights and Interests in the Context of New Economic Crime. , 2025, 42(3): 98-107.