网络爬虫技术的运用可以促进技术、信息的分享和信息检索的效率,但是爬虫行为的失范导致了恶意爬虫的出现,我国近年来对相关案件的处理也从原来的民事处罚转向了刑事惩处,但是在实践中由于不区分爬虫手段的技术特征和数据的类型导致了处罚范围的扩大。为了避免刑事打击的泛化,应依据行为的不法和对象的不法两个方面来判断网络爬虫的刑事违法性。从对象上,区分公开信息和公开数据、开放数据、限制访问数据作为判断刑事违法性的实质标准;从行为上,通过爬虫行为的技术性特征以及Robots协议作为判断刑事违法的形式标准。建议通过建立数据分级制度等明确网络爬虫犯罪的合法性边界。The application of web crawler technology can promote the sharing of technology and information and the efficiency of information retrieval. However, the unregulated behavior of web crawlers has led to the emergence of malicious web crawlers. In recent years, the handling of related cases in China has shifted from civil penalties to criminal punishments. However, in practice, the lack of distinction between the technical characteristics of web crawler methods and the types of data has led to an expansion of the scope of punishment. To avoid the generalization of criminal crackdowns, the criminal illegality of web crawlers should be judged based on both the unlawfulness of the behavior and the unlawfulness of the object. From the perspective of the object, the distinction between public information and public data, open data, and restricted access data should be made as the substantive standard for judging criminal illegality;from the perspective of the behavior, the technical characteristics of web crawler behavior and the Robots protocol should be used as the formal standard for judging criminal illegality. It is suggested that the legality boundaries of web crawler crimes be clarified through the establishment of a data classificatio
