关键词: 数字经济, 数据犯罪, 数据安全, 权利保护, 秩序维护

Abstract: In the digital economy environment, it is equally important to ensure both data security and   data sharing vitality. The regulation and determination of data crimes should meet both needs. In regulating and    determining data crimes, current practice adopts the right protection mode, that is, protecting the interests of data right subjects. However, the right protection mode fails to meet the needs of the development of digital economy; improper pre-established right protection with a focus on illegal access regulation may lead to  impeded data flow; limitations of the current criminal law in regulating data crimes may lead to incomplete data security protection. An order maintenance mode should be adopted in regulating and determining data crimes by heeding to the interests of all subjects in data value realization while prioritizing the public product attributes of general data. To adopt such an order maintenance mode, legislators should add new terms for data crimes to ensure data management order. In the judicial determination of data crimes, it is also necessary to adjust way of thinking in a timely manner and balance the interests between protecting data security and guaranteeing the vitality of data sharing.

Key words: digital economy, data crime, data security, protection of rights, order maintenance