Research On The Crime Of Selling And Illegal Provision Of Personal Information

The Criminal Code Amendment(7),passed on 28th,febrary,2009 added an article to ex-article 253,which described the crime of selling and illegal provision of personal information, aiming to better protect human rights and stabilize the society.The paper includes:Section One is a general description of the crime of selling and illegal provision by define what is personal information with legislation background. China has been ignoring the protection of personal information for a long time, which can be seen from the legislation not only in Constitution but also in the Criminal Law and other essential laws. This section also discussed the meaning of the new Amendment in different fields.Section Two discussed the Criminal Law comparatively by compare the new Amendment with foreign legislation like Japan, Italy, Austria and Taiwan District, summing up the defect of our legislation.Section Three analyzed the identifying of selling and illegal provision of personal information Crime while prescribed the crime composition at the same time. This section emphasized some essential components like the object, offending the rule, selling and illegal provision and so on.Section four tries to analyze several special tips in judicature applying, like "whether personal information of dead people is under the protection of the new Amendment"; "whether accurate search is over the rule";or "the distinguishes with other crimes stipulated by the criminal law which also adjust the actions of infringe personal information".Section five analyses the situations of legal using of personal information, such as under the circumstances of "act of rescue" and so on.And the last section is the conclusion of this paper.