Modern Social Science Research

The digital economy wave has given rise to the independent value of data elements, and the traditional criminal law protection model has fallen into a regulatory predicament. In order to build a legal interest protection system that is compatible with the development of the digital economy, this article analyzes the judicial problems such as regulatory blind spots, chaotic competition of criminal charges and unbalanced sentencing caused by the current criminal charges taking the destruction of system functions as the criterion for criminalization, and explores the interpretive crisis of traditional legal interest theories in dealing with the immaterial nature of data, the complexity of subjects and the concealment of infringement. The extraterritorial wisdom of the German technology neutrality norm, the American data control rights theory, and the EU information self-determination rights model was studied. Research shows that it is necessary to break through the system carrier-centered paradigm, establish the independent legal interest status of data, construct a three-dimensional framework of confidentiality, integrity and availability, establish a comprehensive judgment standard for value quantification, control rights violation and the scope of harm, and form a systematic protection mechanism featuring hierarchical charges, gradient penalties and normative connection.

Digital economy; Illegally obtaining computer information systems; Data crime; Reconstruction of legal interests