中圖分類號：D913文獻標識碼：ADOI:10.19358/j.issn.2097-1788.2024.07.012
引用格式：柴雪映.涉數據法律規范的沖突解決——論形式和實質二分法［J］.網絡安全與數據治理，2024，43（7）：77-86.

Conflict resolution of data-related legal norms: form and substance dichotomy

Abstract： At present, there are conflicts in the application of data-related legal norms, and improper resolution of the conflicts leads to the imbalance of legal liability attribution. To judge the nature of the conflict of legal norms related to data, it can be divided into the form conflict of single infringement of legal interests and the substantive conflict of multiple infringement of legal interests.The premise of resolving the conflict of data-related legal norms is to clarify the differences and relevance of the objects involved in the data security law, the personal information protection law and the network security law;Clarify the outline of the relationship between legal norms.The conflict resolution of data-related legal norms needs to be classified into formal conflict and substantive conflict, which is analogous to the concurrence of articles in criminal law and follows the principle of special priority; Substantive conflict is analogous to imaginative concurrence and concurrent punishment concurrence in criminal law, which follows the principle of choosing one heavy or concurrent punishment. Correctly resolving the conflict of data-related legal norms not only achieves the goal of properly evaluating data-related illegal acts, but also is the inherent requirement of improving data productivity.

Key words : conflict of legal norms; legal interest; substantive conflict; data；coopetition