Abstract:
Taking “the illegal use of technical tools” as the main content of crime constitution does not meet the requirement of clarity of criminal law. To establish the constitutive elements of cyber data crime, a purpose-oriented legislative approach should be adopted, focusing on specific types of behaviors that have a clear legal interest. Only by accurately identifying the legal interest of cyber data crime can we ensure the rationality of legislation. Data interest is not suitable as an independent legal interest in criminal law, the legal interest of cyber data crime should be limited to individual legal interests that criminal law has always paid attention to, as well as collective legal interests with specific content and public danger. With the continuous tightening of criminal law networks in our country and the rapid development of society, relying solely on a single legal code is not only facing practical pressure but also the problem of being “all-encompassing but not specialized.” We should emphasize the value of separate criminal laws and supplementary criminal laws and gradually build an interactive plural source system of criminal law.