Personal Information Of Violations Of Civil Defects And Improvement Of Legislation

With the rapid development of human society entered the area of information society, information in the social value of production and life become increasingly prominent. Personal information which in most secondary and tertiary industries of production, service, decision-making process play a pivotal role. At the same time, violations of civil society which repeated acts of personal information means endless. To combat intensifying the personal information of violations of civil behavior, February 28, 2009 promulgated the "Criminal Law Amendment (g)" the additional sale of illegally providing personal information of citizens crimes, after October 16, 2009 established judicial interpretation issued personal information of two violations of civil offenses, were sold illegally providing personal information of citizens crimes and the crime of illegal access to personal information of citizens. More than two years, the judiciary has many successful case for the two charges, to a certain extent, to achieve the original legislative intent. However, we have to face the judicial practice related to criminal behavior, the articles are still showing a lot of legislative defects. This article from the sale of illegally providing personal information of citizens of sin and crime of illegally obtained personal information of citizens and the legislative background for more than two years of legal reality, focusing on analysis of defects in the offense and make legislative recommendations related to improvement in order to better play to protect the Criminal Law Personal Information of last barrier. This paper is divided into three parts: The first part mainly describes personal information of violations of civil crime defect performance. In summary, these legislative defects is unknown definition of Personal Information first. Second, circumstances of a crime in the scope of the provisions of the criminal subject is not appropriate , range of harmful behavior is too small and the standard is not clear. Third, the penalty sentencing range does not reflect the otherness.The second part details causes of analysis of the personal information of violations of civil crime legislation defects, dangers and the need to improve and perfect the relevant exploration. First, the provisions of the personal information at home and abroad to form their own definition of the author, discusses the scope of the current is less than the privacy of personal information and the removal of part of the criminal law of personal information without regulation. Secondly, the sale of illegally providing personal information of citizens for the crimes of the main provisions of the special subject from reality, should provide for the general subject. Third, the violation of personal information of citizens against acts of criminal abuse of individual citizens, the lack of information, should be typical of abuse such as a new type of "human flesh search" into the criminal law system. Fourth, the author of the serious crime of the standard how to grasp the issues discussed. Finally, articles in the sentencing range does not reflect on the state organs of the strict requirements of the special body should be set to a heavier penalty.The third part focuses on the above the arguments made perfect proposal after flaws. First, present two counts into one count and direct provision of personal information for the crime of violation of citizens. Then form the definition of personal information and constitute scope of the provisions of the crime the general body, expand the scope of harmful behavior, made serious development of specific standards. Finally, the state personnel committed the offense punishable by penalties than the average body weight.