Study On Selling And Illegal Providing Person Information

Modern society is awash with a wealth of information. With the development of information society and market economy improved, reflected the growing value of personal information. But in the same time, violations are increasing, a lot of people recognize it as a means of profit, or even formed a black production industry chain. The"Criminal Law Amendment (7) of People's Republic of China"expressly provides serious crimes of illegal access to personal information of citizens and sale of illegally providing citizens a Information behavior of people convicted, clear of our country's determination to protect the personal information of citizens. This paper discusses the selling and illegally providing personal information of citizens crime. In view of the relevant judicial interpretation has not yet introduced, legislation is relatively thin, in practice, maybe could easily lead to some difficulties.Therefore, the paper argues that explore the constitution and judicial determination, and on this basis, improve the judicial system of the Crime of information security in protecting the individual citizen has an important significance.This paper is divided into introduction, body, conclusion of three parts:For the first part of the introduction that today's violations of civil gravity of the acts. And mainly through a serious criminal cases leads. The second part of the paper is divided into three chapters: The first chapter is on the status of the crime of selling and illegally providing personal information of citizens. First part is about non-criminal protection of personal information of our citizens; followed by the legislative background of the crime; finally, through the human flesh search behaviors, e-commerce and other related acts and the private detective behaviors indicating the problems in the practical. This paper argues that the existing social network developed by the network behavior of breeding out many information enumerated violations, but still under the existing legal norms can not clearly regulated, there is also may explore its application to the department. Private detective industry in the process of transfer of personal information plays an important role in the case of application, and the primary issue is how to apply in specific cases. The second chapter is on the selling and illegally providing personal information reason why the crime of the reasons for difficulties encountered in practice analysis. Detailed analysis of the various parts of the crime, try a theoretical point of the crime of crimes act provides analysis of the practical difficulties and lead to the specific reasons; This chapter focuses on a specific study of its constituent elements, from the main body, the subjective element, the object and the object of crime, the angle of the objective analysis of this crime areas in order to clarify the definition of the concept. On this basis, analysis of the distinction between crime and related charges in order to clarify the behavior like the private detective industry. The third chapter is on the basis of the former to give personal recommendations of this crime to crime, in practice the application of useful help. This chapter is divided into two parts, one is mainly from the perspective of criminal policy of the crime itself on the idea of improving the legislative system, mainly from the provisions of existing law, the relevant norms and with the pre-civil, administrative means of combining cross-sectoral cooperation to strengthen the front of the specification means, rather than relying on criminal law regulation; The second is the main practice in the facilitation of this crime and to enhance victim protection operations point of view of its criminal procedure law in the perfect idea, proposed the establishment of this crime or civil action will be, and on this basis, the burden of proof applicable to a certain extent responsibility of inverted configuration.The third part of the conclusion is the broad body of this paper, to clarify the section again, and make recommendations for improvement of this crime.