Research Review on Criminal Law Interpretation Path Dilemma and System Construction of Data Monopoly

Abstract

The review takes “The Criminal Law Interpretation Path Dilemma and System Construction of Data Monopoly” as the research topic, and sorts out the challenges brought by platform data monopoly to traditional criminal law regulation in the context of the digital economy. The aim of the study is to clarify how criminal law should interpret and apply existing norms to deal with the risk of data monopoly. Through various analytical approaches, this review summarizes the current research status at home and abroad in terms of the definition of data monopoly, the theoretical basis of criminal law protection, and the choice of interpretation paths. The results show that the current research has significant difficulties in areas such as the boundaries of penalability, the tendency of “pocketing” of computer system crimes, and the mechanism of connection between criminal law and punishment, and the criminal law interpretation system is characterized by fragmentation. The review suggests that in the future, a criminal law regulation system centered on the “three rights separation of data” theory and linked to the anti-monopoly law should be constructed to provide a systematic solution for achieving the balance between data security and circulation value by clarifying the differentiated protection paths of data resource ownership rights, processing and usage rights, and product operation rights.