Research On The Crime Of Selling And Illegally Providing Citizens' Personal Information

Today, the rapid development of the information society, is also accompanied by a malicious personal information of citizens is violated, abused, this phenomenon has aspects of citizens to live in peace, personal, property, etc., causing a serious threat to the country in order to crack down on violations of citizens acts of personal information to ensure the safety of personal information of citizens, to February 28, 2009 by the "People’s Republic of China Criminal Law Amendment ", the amendment added the sale, the crime of illegally providing personal information of citizens. By way of criminal law to protect personal information of citizens, as a result of the provisions of this crime is more principle, and yet there is the introduction of relevant judicial interpretations, a lot of controversy in theory, in practice there are circles on the many problems identified. The author of this crime were discussed in-depth analysis, and strive to put forward countermeasures to solve related problems, this paper is divided into four parts:Part I: This section is for the sale of illegally providing personal information of citizens an overview of the crime. First, from the semantic point of view of both the criminal law and the basic connotation of personal information of citizens were elaborated. Secondly,the legal property of personal information in-depth analysis, the legal property of personal information. Finally, to explore the sale, the crime of illegally providing personal information of citizens is an important research significance.Part II: This section details the provisions of the relevant legislation on the protection of personal information at home and abroad, analyzes the status quo of China’s protection of personal information of citizens, as well as legislative intervention of criminal law to protect its legislation caused controversy. On civil law and common law countries, the protection of personal information, primarily criminal legislation conducted in-depth study, and explore some of the legislation is worth learning our helpful advice.Part III: Papers at this stage through in-depth analysis, the sale of illegally providing personal information of citizens crime of the main problems that exist, the subjective aspect of the crime should be set directly intentional, the main aspects of the defect, in objective terms of the sale, illegally providing, in violation of state regulations as well as other aspects of the case is serious, there are still found in many problemsPart IV: This part is for the sale of illegally providing personal information of citizens crime problems that exist in legislative improvement proposals "Personal Information" in the precise definition; the body is generally expanding body; Take brokerage behavior on personal information business as a crime; improve the legal system; the "illegal use of" behavior and criminal law protection included on the " violation of state regulations, " "serious cases " were specific defined.