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Legel Analysis On The Case Of Zhoujianping Encroached On Citizens' Personal Information

Posted on:2012-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:X J HuangFull Text:PDF
GTID:2166330335970060Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Citizens' personal information is a very special social resource, and it bases on that individual citizens are social constituent parts, the carrier of which is its own large and valuable information, and it's a kind of information accumulation that individual citizens gain along their development of socialization. Along with the value of citizens'personal information highlighting, the infringements on citizens' personal information occur in our daily life frequently, thus, the resulting cases and legal problems caused extensive attention of the society. After the promulgating of "the Amendmentâ…¦to the Criminal Law of the People's Republic of China", our citizens' personal information can be protected by the criminal law. The severe punishment has played a very important role on the way to protect citizens' personal information, however, as a result of its own specialty, some problems still exist in judicial practice.This article analyses the first domestic case of infringement of citizens' personal information:first, analysis of the case contains specific information and case the relevant disputes. the second part, analysis and illegal sale of personal information to provide citizens and illegal access to citizens' personal information of crime, to prosecute crime jianping explain week for trial on charges of change. The third section analyzes the criminal law of retrospective criminal law and our country from the old and lighter, and common crime, continued to have theories, and conviction of the zhou jianping to make the right judgement. the fourth part, the relevant charge of the application and propose amendments.Based on the analysis of the case and current legislation in this paper, the author holds the opinion that it's not enough to protect citizens' personal information by relying on the criminal law because of the limitation of the criminal law, only by formulating a special "Personal Information Protection Law", and building a legal system which including civil law, administrative law and other legal sectors, can personal information of citizens can be protected efficiently, what will absolutely promote the effective use and the circulation of personal information.
Keywords/Search Tags:The crime of illegal access to personal information of citizens, principle of a legally prescribed punishment for a specified crime, retroactivity of criminal law, protection of personal information
PDF Full Text Request
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