| The the concept of in the face of the rapid development of our economy and society, and science and technology with each passing day, "personal information of citizens" has gradually been known to the world, which contains economic, social, personality and spiritual interests is known by people gradually. Personal information not only become for many commercial organizations of social resources, become the new period the most attractive "cake", but also for some criminals use become illegal crime to seek personal gain means and tools. In today’s society, some individuals or organizations that they do this by theft or other means a lot of buying and selling of others census data, vehicle information, property records, medical records of personal information, even some criminals in order to achieve the aim, does not hesitate to use extortion, theft, robbery and other serious threat to citizens and the personal and property safety of criminal activities, at the same time, due to the freedom of the market economy, some in order to improve the trustees for others to find information for the service tenet of "private detective", debt collection company such as edge industry is also used and students. China’s illegal access to personal information of citizens has formed a complete industrial chain, a staggering amount of illegal profits every year. And the criminal law as the protection of other laws and regulations to be respected strong backing, so it is necessary to make an appropriate response to the illegal acquisition of personal information of citizens. Based on this, this article in view of the above problems, in the "criminal law amendment(seven)" and "criminal law amendment(nine)" before and after the development, selection of three cases. In this paper, from the analysis of three cases, the article is divided into four parts:The first part is the introduction, main content through the research is exist in the crime of "illegal access to personal information of citizens" social background and situation, sorting out the domestic criminal law theory circle and judicial practice circle for a variety of problems that exist in the crime of "illegal access to personal information of citizens" research status, finally explains the significance and research method of this paper writing.The second part briefly discusses three case trial process and the outcome of the trial and for three cases in the presence of the same or different central issue first as a brief analysis, below the focus of controversy in the judicial application of the problem to pave the way.The third part is for in the second part, the focus of controversy: "personal information of the definition and scope of", "the plot serious identification", "with the relevant charges distinction", "purchase behavior" in the judicial application of detailed analysis of the law application and find out the problem.In the third part of the problems to be solved, through increased clearly defined the relevant laws, regulations and judicial interpretation of "crime", "personal information of citizens found", "if the circumstances are serious measurement standard" in judicial application do have method. Set the private prosecution form "," purchase behavior punishment "is enhanced judicial application of operation, improve citizens and units for the self-protection awareness of personal information, so that from the source containment, from the root to prevent is the fourth. |
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