Research On The Criminal Law Protection Of The Personal Information

With the great changes of objective social conditions , the value of individual information becomes obvious. Violations of personal information are becoming increasingly growing number of acts. The means become more complex and diverse, even more serious social harm. The personal information protection and violations personal information constantly upgraded. Solely relying on civil law, administrative law and other laws and regulations to protect personal information can't adapt to the requirement of economic and social development. The people urgently need the help of criminal law measures to protect personal information of citizens inviolable. Now people expect to protect personal information with criminal law.Strengthening the preservation of personal information with criminal legislation and judicial has been an important mark of modern democratic countries. Compared with other countries and regions, China's criminal law theory of the personal information of citizens and the legislative practice of a late start, only a few counts found in the fragmentation of the criminal law amendment in recent years. No doubt, We can say that our laws must revise. In this paper, the author discusses three aspects of criminal law from the protection of personal information of citizens. The first part is mainly about the necessity of protecting personal information, the second part is about the character and content of it ,and the third part is the limitation and faultiness of it.The first part: criminal law on the personal information protection is necessary. At present, the concept of personal information in the academic field and practice field is disputed, from the personal information, the concept and characteristics of personal information and begin to privacy, the definition of criminal law of personal information; Again from reality and network analysis the current situation of infringement of personal information, this paper puts forward personal information protection is criminal law on public appeal, reflect reality with criminal law oneself value, also reveal a human rights idea, conform to the trend of international legislation, with which argues that the criminal law the necessity of protection of citizens' personal information.Part 2: Criminal law protection of personal information and content features. In this part, the author of the personal information protection from criminal law, analyses the characteristics of the characteristics of the personal information protection of the practical application of criminal law. Criminal law and then analyzes the criminal law on the personal information protection content. The first section, first expounded the theory of Criminal Law and Criminal Law "second normative" in nature, from the nature and mode of action of two angles of Criminal Law in the protection of personal information in practical use. The second quarter mainly analyzes the contents of the criminal law to protect personal information from the infringement of citizens' personal information, the determining accusation of crime to the amendment of criminal law (7) the infringement of citizens' personal information of the components of the crime is analysed, and then the specific charges from such crimes with human flesh search behavior, other charges on the boundaries of analysis.Part 3: this part is the deficiency and faultiness of protecting personal information. In this part, the author analyse the limitations about protecting personal data in criminal law, pinpoint the errors about subject of crime, circumstances for the judgment ,procedural mode in Criminal law amendment (7)and pointed out that China should be subject of crime, convicted of plot, action mode, pre-legal protection of personal information and other aspects of criminal law protection of sound mechanism.