Research On The Criminal Protections For Public Image Information

With the rapid development of China’s economy and society,the demand of citizens for security is also increasing day by day.The public video surveillance and control system has been installed and applied in various fields of social administration,it is playing an important role in maintaining social order,crime preventing,and building smart city.However,the abuse of public image information,the infringement of citizens’ right of personal privacy,the excessive expansion of administrative power and other situations in this field have triggered a series of social concerns and strong responses,which need to be regulated by relevant laws and regulations.At the same time,many domestic and foreign scholars have researched the protection of public image information,but it remained only from the perspectives of the constitution,civil law and administrative law,etc.,and the specialized research achievements of protecting public image information from the perspective of the criminal law have not started yet.Therefore,this research has an important theoretical value and practical significance.This article will be divided into five parts,firstly,the paper defines the concept and nature of the criminal law protections for public image information,then we discuss the necessity of the protect the public image information by the criminal law,and clarify the current status,problems and the causes of the criminal law protections for public image information in China,meanwhile,from this point of view,under the guidance of the basic principles of the criminal law protections for public image information,we draw some perfection advice about the public image information from he legislative and judicial two aspects respectively,and do some research on the criminal law protections for public image information.As the outcome of technological progress,the public image information can’t be separate from the contemporary social development.The first chapter of this paper is the introduction,which mainly introduces the historical background of public image information protection and the current research status in domestic and abroad and the research significance.The public image information protection is so closely related to the progress of the human’s monitoring technology,the intelligent cities and the demand of the social control,it makes the public image monitoring system becoming increasingly prevalent.The our scholars start to research on the protection of the public image information.The scholars in the constitutional field mainly from the perspective of citizens’ basic rights,the scholars in the administrative law field mostly in empirical research methods,the scholars in the field of civil law from the perspective of right of privacy,provide their own thoughts and suggestions about the perfection in the public image information protection respectively.But it is very short of the research achievement in public image information based on the perspective of the criminal law.We achieve the innovation of research perspective in the protection of the public image information from the perspective of criminal law.In the second chapter of this paper,we discuss the concept of public image information and it reflected legal interests,as well as the current situation of criminal law protection of the public image information.First of all,we define the concept of public image information which is from two kind of type,such as the image information reflect on some public content and the image information in the process of the public affairs management.This paper introduces the four characteristics of the public image information,such as the objectivity,novelty,immediacy and public,and we do some extended discussion about the public nature of the image information based on the characteristics of the public,i.e.the public image information has a dual attributes which combined the personal information with the public information.Then,we categorized the public image information types from the different functions and the data controllers respectively.There is a creative point of view that the public image information embodies the dual legal interests such as the personal privacy and public information right.At the present stage,the protection of public image information in China as follows,there are some different provisions set for the relevant protection of the public image information from the constitution,civil law,administrative law and other legal regulations,which sets the prepositional specifications for the criminal protections of public image information.We lack of the specific provisions to protect public image information in the current criminal law of our country,but it is scattered in the abusing of the personal information,public information,computer information system,and related crimes of abuse of power.In the third chapter of this paper,we discuss the deficiency of criminal law protection of the public image information and its causes,as well as the necessity of protection improvement.It is not a direct protection to the public image information in the criminal law,but to protect the legal interests which behind public image information.Therefore,there are four deficiencies in the current criminal law protection of public image information: First,the scope of criminal legislation protection of public image information is too narrow.Secondly,the charges of the public image information crime is not reasonable.Thirdly,the constitutive elements of crime about the public image information are not clear.Fourth,there are different judicial application standards for the crimes about public image information.The existence of these problems makes part of the violation of public image information can not be punished by the criminal law,and there are many disputes in the process of judicial application.In terms of the protection of public image information by criminal law,criminal law intervenes in the protection of public image information,which is based on the serious harmfulness of behaviors violating the security of public image information and the insufficient punishment of other department laws.If the reason for the insufficient protection of public image information by prepositional legal department specifications is not the result of punishment,but the inherent logical defect in the legislation,the protection of criminal law can’t play its role as the last security measure.This paper also expounds the necessity of protecting the public image information by the criminal law.due to the the serious social harmfulness of the behavior of abusing public image information,it can be more effectively to protect the citizens’ privacy when the criminal law intervention.At the same time,we also can demarcate the behavior of the public power in the public image information administration by bringing it into the scope of criminal law regulation and overawe the civil servant by a severe consequences in a presupposition.We takes the behaviors of seriously harmful to the public image information security into the scope of criminal law regulation,and remedy the inadequacy of the protection in the public image information from the current department laws.Then,we can create a complete legal protection framework of civil remedy,administrative sanction and criminal sanction.The ultimate purpose of research on the public image information is to put forward sound advice for the criminal law protection of the public image information.The chapter four and Chapter five of this paper discuss the legislative perfection and judicial perfection of criminal law protection for the public image information respectively.To improve the legislation of criminal law protection for public image information,we start from the establishing the principles of constitutionality,systematization and appropriateness of criminal law protection for public image information,and then mainly start from the expanding the scope of the application in existing criminal charges,adding some corresponding charges in legislation,and clarifying the constitutive elements of relevant crimes.From the perspective of criminal legislation,when the existing criminal law can not take the behavior with serious social harm into the scope of sanctions,only to add some corresponding charges to regulate it by legislation.The crime of violating in public image information can not be fully included in the scope of criminal law,and some behaviors can only be regulated by adding some corresponding charges.It is proposed to add "the crime of harm the public image information security",which is to fulfill the lack of charges of public image information security.The suggestion of increasing the regulation of malfeasance in the supervision of public image information is to prevent the problems of "self-supervision" and "internal supervision" in the actual operation of the supervision of public image information.The crimes and constitutive elements mentioned above shall be established with relevant prepositional legal specifications,which is the requirement of the principle of the modesty of criminal law.To improve the judicial of the criminal law protection for public image information,we should make it clear that the judicial interpretation should be restricted within the legislative purpose,and introduce the public image information protection act to regulate related management system of the public image information protection,it can ensure the coordination between the criminal judicial application and management policy.The legitimacy in purpose,rationality in use-pattern,and legitimacy in procedure,which are the criteria for unifying the proper use of public image information.It must be satisfied the specific constitutive elements of crime and caused some legal interests infringement,which are the the form and substance standards of unifying the judicial application.