The Criminal Law Of Civil Protection Of Personal Information

Must contact and use the massive information every day in the informationization time,at the same time,own information also frequently with outside exchange,the protection of personal information is increasingly prominent. Personal information has become essential elements of human rights,the criminal law increases to individual message protection content, has consummated our country legal protection citizen individual information way,is not only a personal information protection advances, but also reflet the state respects and safeguards human rights, constitutional principles in the aspects of penetration and extension.The full text divides into five parts, approximately 30000 charactersThe first part, the criminal law protects citizen individual information the significance. The article from the crime development shape, the overall legal framework, the international society has analyzed the criminal law to the individual message protection three aspects to the citizen individual message protection rationalityThe second part, the criminal law protects the principle which citizen individual information should insist. The article thought that the criminal law protects citizen individual information to insist the penalty necessary principle, the criminal law modest and restrained principle and wide strict Jinan, the attention livelihood of the people principleThe third part, citizen individual information criminal law protection domestic and foreign present situations. The article introduced the US "Right of privacy Law", Britain "Data Protection method", Japan's individual information protection method, Hong Kong, Taiwan and the mainland citizen individual information criminal law protection concerned requirements..The fourth part,"the sell, illegal provides the citizen individual information crime"and"the illegal gain citizen individual information crime"the crime constitution and the judicature recognized should pay attention question. This part from the subject of crime, the object, the subjective aspect and the objective aspect has analyzed"the sell, illegal provides the citizen individual information crime"and"the illegal gain citizen individual information crime"the crime constitution, and proposes in recognizing should pay attention to the solution crime number shape question, the joint offense charge to recognize that the question and the sell, illegal provide the citizen individual false information question.The fifth part, the citizen individual information criminal law protection existence's question and consummates the suggestion. The article believed that crime object"citizen individual information"the scope is fuzzy, waits for being clear; The pretage laws and regulations distribution,"does not violate the country to stipulate that"lacks the support, needs to consummate.