Research On The Question Of Crime Of Invasion Personal Information

With thirty-year reform and opening up policies in China, Great changes have taken place in all walks of life, especially the rapid development of information technology, whose speed has been the criterion of social development. Information technology brings us convenience and efficiency at the same time insecurity of personal information of citizens, such as business, illegal provision etc, all these behaviors invade the personal information widely. Human's life and property are facing severe threat. To protect the security of personal information of citizens, the 7th session of The Eleventh National People's Congress adopted the "Criminal Law Amendment" on 28 February 2009, in which added a law about the crime of invasion personal information, including" the crime of selling, illegally providing personal information","the crime of illegally obtaining personal information" Thus, we have taken a historic step in the protection of personal information. Because the crime of selling, illegally providing personal information and the crime of illegally obtaining personal information are a class crime, so the paper make the two crime together to research.The criminal object of the crime of invasion personal information which.embodies as a citizen's personal information security, therefore, it is ruled in the chapter of invasion civil and democratic rights according to the criminal law.The criminal subject of the crime of invasion personal information is intentional, including direct and indirect intentional, negligence does not constitute the crime.The subject of the crime of invasion personal information, the crime of selling, illegally providing personal information are special subject. Only the state authorities and the finance, telecommunications, transportation, education, medical units and their staff constitute the crime. The subject of the crime of illegally obtaining personal information is the common subject, including those with criminal responsibility of natural person and units.As the objective aspect the crime of invasion personal information, the objective aspect of the crime of selling, illegally providing personal information embodies as invasion of state rules, providing sale and illegally provision personal information in the process discharge of duty and provision of services in a unit,the objective aspect of the crime of illegally obtaining personal information marks as stealing or illegally obtain the above information by other means, which belongs to cases of gross invasion. The "cases of gross invasion" should be judged from both "quality" and "quantity" aspects. "Quantity" refers to the horizontal study the extent of damage acts of invasion of personal information, for example, the breadth infringement and the quantity of profit; "quality" refers to the longitudinal study the extent of damage acts of invasion of civil personal information, which is the extent of the damage of exposing individual information."Human flesh search" has been the popular searching method on the Internet. In some "human flesh search" cases, some citizens have been the searching object, whose personal information may be announced on the net by net citizen. Therefore, in the process of "human flesh search", the act of exposure of personal information and the crime of invasion personal information should be clearly defined.As a result of a long development history of protection personal information in developed countries, there are some reasonable experiences deserve our study. Therefore, in order to perfect domestic personal information protection system, it is necessary for us to draw on experience of reasonable foreign legislation system based on our own national conditions,such as the principle of mainly depending on private charge instead of prosecution, the severe punishment of the crime on government official's invasion personal information, no requirement of special crime purpose, non-specialization of the subject of crime, so that the full protection of personal information can be achieved at last.