The Quantitative Evaluation Dilemma and the Breakout Path of the Crime of Network Information Security——Reflection and Reconstruction of the Quantitative Standard of Network Information in the Big-Data Era
Abstract:Currently, the protection status of criminal law protecting the Internet securityis transforming from the operation security of the network to the information security. At the same time of increasing specific crimes for network information security in the updating of criminal legislature, the criminal justice has failed to build integrated quantitative evaluation systems, which become a weak area in the criminal protection for network security. The current quantitative evaluation system of the crime of network information security lacks clear logic mainline, and still uses the dislocated quantitative standard of “traditional legal interest degree” and blurred new quantitative standard of “data scale”, which is unable to meet the requirements of accuracy and the uniformity of the judicial application of specific crimes of network information security, resulting in the judicial dilemma. Eliminating the difference of regulations and technologies, based on the quantitative evaluation as a core, constructing the hierarchical evaluation model of the value of information,and setting the “group information”as a measuring unit, will lead to the rational path of break through the Quantitative Evaluation Dilemma of the crime of network information security in the historical big-data era.
田刚. 网络信息安全犯罪的定量评价困境和突围路径——大数据背景下网络信息量化标准的反思和重构[J]. 浙江工商大学学报, 2020, 34(3): 63-76.
TIAN Gang. The Quantitative Evaluation Dilemma and the Breakout Path of the Crime of Network Information Security——Reflection and Reconstruction of the Quantitative Standard of Network Information in the Big-Data Era. Journal of Zhejing Gongshang University, 2020, 34(3): 63-76.