Citizen Personal Information On Criminal Law To Protect A Number Of Issues

It is an age of information nowadays. Every aspect of one person, including human body, property, age, race, health, experience, education background, etc., has been informationized or being informationized by the information itself, no matter how they are open or private, beautiful or ugly. Though personal informationization significantly facilitates the social management, it brings individual's social life into the naked and transparent situation so that the personal information is more easily violated. At the same time, in the information social, information is not only a personal identification certificate any longer, moreover, it represents the characteristic and right of property. Therefore, with the rapid development of computer and internet technology, the protection of personal information, which was not taken into account previously, becomes more and more critical.On February 28, 2009, the seventh meeting of the eleventh National People's Congress promulgated the "Criminal Law Amendment VII". Article 7 in the amendment is added into the Criminal Law following Article 253 of Criminal Law. This article brings the personal information into the protection of Criminal Law. Two crimes,"crime of selling and providing personal information illegally" and "crime of obtaining the personal information illegally", are regulated in the new AmendmentVII. However, these two crimes are not used frequently according to the judicial practice in China, which is not consistent with the current situation, because theviolation of the personal information in China happened constantly. Therefore, it is necessary to investigate and discuss the application of Criminal Law, especially Article 7 in "Criminal Law Amendment VII". This thesis is divided into four chapters in order to discuss the protection of the personal information in light of Criminal Law.Chapter one includes the overview of the personal information. Firstly, the author defines the personal information as"any information which can directly or indirectly identifies one person"and briefly introduces the basic features of the personal information. Secondly, the author analyzes the necessity of personal informationprotection by using Criminal Law. Finally, the author clarifies the concepts of the personal information, privacy, information carriers and other relevant concepts.Chapter two includes the current status and the legislative investigation of citizens'personal information safety in China. Firstly, the author introduces and analyzes the current situation of Chinese citizens'personal information in three respects, the consciousness of the personal information protection, the subject which violates the personal information and the acts which violate the personal information. Secondly, the author summarizes the current situation of civil, administrative and criminal legislation status regarding the personal information protection in China.Chapter three includes the research of Article 7 in "Criminal Law Amendment 7" which is applied into the difficult problems. Firstly, the author explains the quantity of crimes which are probably involved in the acts regarding the violation of the personal information. Secondly, the author specially analyzes the subject qualification, the subjective guilt, objective behavior and other relevant aspects of the two crimes and reaches the conclusion that the company or individual who bears the specific obligation of confidentiality can become the subject of the crime, and the acts of disclosing the personal information due to the negligence can also be punished.Chapter four includes the perfection of protection details of the personal information in light of Criminal Law. The author combines the current status of violation of the personal information and the specific provisions of Civil Law, Administrative Law and Criminal Law in respect of the personal information safety, then puts forward several proposals regarding the range, behavior manner, penalty and other relevant aspects of the personal information in favor of the personal information protection in light of Criminal Law.