Reconstructing the Data Crime Governance Model from the Perspective of Criminal Compliance

Abstract

With the advent of the risk society and the era of big data, criminal law must respond to data crime in a more proactive manner. The traditional way of conviction and sentencing adopted by the current criminal law for data crime can no longer meet the requirements of the times. Compliance should be introduced into criminal law to improve the governance system of data crime. There are three ways to incorporate compliance into criminal law: (1) as the exemption cause of enterprise crime; (2) as the general circumstances of sentencing in the General Provisions of Criminal Law of the People’s Republic of China; (3) as the special circumstances of sentencing in the Specific Provisions of Criminal Law of the People’s Republic of China. The latter two approaches are more suited to China’s national conditions.